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PREVENTING THE MANUFACTURE OF ADULTERATED 
OIL, TURPENTINE, OR PAINT 



HEARINGS 

y O ■ i / BEF0RE A 

SUBCOMMITTEE OF THE 

^COMMITTEE ON MANUFACTURES 

UNITED STATES SENATE 

SIXTY-FOURTH CONGRESS 

FIRST SESSION 



ON 



S. 1289 



A BILL FOR PREVENTING THE MANUFACTURE, SALE, OR 

TRANSPORTATION OF ADULTERATED, MISLABELED, OR 

MISBRANDED LINSEED OIL, TURPENTINE, OR PAINT 



Printed for the use of the Committee on Manufactures 



&! 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1W6 



4 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Stat/33 any such adulterated, mislabeled, or unlabeled linseed oil, turpentine, or 
paint, or export or off >r to export the same to any for agn country, shall be guilty of a 
mis 1 r. and for such off mse be fined not exceeding $200 for the first offense, and, 

upon conviction for each subsequent offense not exceeding $300, or be imprisoned not 
exce j liiu one year, or both, in the discretion of the court: Provided, That any linseed 
oil, turpentine, or paint shall not be deemed adulterated or required to be labeled 
within the prjvi-ions of this act when intended for exportation to foreign countries 
when marked or labeled in a manner not in conliet with the laws of the foreign country 
to which the same is intended to be shipped; but if any of said articles shall in fact be 
sold or offered for sale for domestic use or consumption, then this proviso shall not 
operate as an exemption from any of the other provisions of this act: Provided further, 
That nothing in this act shall prohibit a manufacturer of linseed oil. turpentine, or 
paint to sell upon a written contract to a consumer, for i\se only on products of his own 
manufacture, goods mislabeled or unlabeled as to their ingredients but bearing con- 
spicuously the printed statement that they are made in accordance with a private 
formula: Provided. That no linseed oil, turpentine or paint made in accordance with 
a private formula, under a written contract, shall be sold by the consignee or used 
upon any bi ildings. 

Sec. 3. That the Secretary of the Treasury, the Secretary of Agriculture, and the 
Secretary of Commerce shall make uniform rules and regulations for carrying out 
the provisions of this act and including the collection and examination of linseed 
oil, turpentine, and paint manufactured or offered for sale in the District of Columbia 
or in any Territory or District of the United States, or which shall be offered for sale 
in unbroken packages in any State other than that in which they shall have been 
respectively manufactured or produced, or which shall be received from any foreign 
country or intended for shipment to any foreign country, or which may be submitted 
for examination by the chief health, food, or drug officer or agent of any State, Terri- 
tory, or District of the United States, or at any domestic or foreign port through which 
such product is offered for interstate commerce or for export or import between the 
United States and any foreign port or country. 

Sec. 4. That the examination of such specimens shall be made in the Bureau of 
Chemistry of the Department of Agriculture, or under the direction and supervision 
of such bureau, for the purpose of determining from such examinations whether such 
articles are adulterated or misbranded within the meaning of this act: and if it shall 
appear from any such examination that any of such specimens is adulterated or 
improperly branded or labeled within the meaning of this act, the Secretary of Agri- 
culture shall cause notice thereof to be given to the party from whom such sample 
was obtained. Any party so notified shall be given an opportunity to be heard, 
under such rules and regulations as mav be prescribed as aforesaid, and if it appears 
that any of the provisions of this act have been violated by such party, then the 
Secretary of Agriculture shall at once certify the facts to the proper United States 
district attorney, with a copy of the results of the analysis or the examination of such 
article, duly authenticated by the analyst or officer making such examination under 
the oath of such officer. After judgment of the court, notice thereof shall be given by 
publication in such manner as may be prescribed by the rules and regulations afore- 
said. 

Sec. 5. That it shall be the duty of each district attorney to whom the Secretary 
of Agriculture shall report any violation of this act, or to whom any health or food or 
drug officer or agent of any State, Territory, or District shall present satisfa< tory evi- 
dence of any such violation, to cause appropriate proceedings to be commenced and 
prosecuted in the proper courts of the United States, without delay, for the enforce- 
ment of the penalties as in such case herein provided . 

Sec. 0. (a) That the term "linseed oil" as used in this art shall include the products 
known as "linseed oil," "raw linseed," "raw linseed oil," "boiled linseed," "boiled 
linseed oil," or "boiled oil." 

(b) That for the purpose of this act the following standard is hereby established : 
Linseed oil, raw linseed, or raw linseed oil isthe^ixed oil obtained from the seeds of 
the flax plant (Linum usitatissimurn) — without the admixture of any other material. 
It shall be deemed a viola! ion if raw linseed oil does not conform to the following 
requirements: 

First. Its specific gravity, at a temperature of fifteen and five-tenths degrees centi- 
grade, shall bo qoI less than nine thousand three hundred and fifteen ton-thousandths 
QOr greater than nine thousand three hundred and sixty ten-thousandths. 

Second. Its acid value shall not exceed six. 

Third. Its saponification value (Koettstorfer number) shall not be less than one 
hundred and ei^ht v-seven nor greater t ban one hundred and ninet v-live. 

Fourth. It shall not contain more than one and one-half per centum of unsaponifi- 
able matter. 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 5 

Fifth. Its iodine value (Hanus number) shall be not less than one hundred and 
seventy nor greater than one hundred and ninety. 

Sic. 7. (a) That for the purpose of this art "boiled linseed," "boiled linseed oil," 
or "boiled oil," hereinafter referred to as "boiled linseed oil," shall be deemed adul- 
terated unless the same shall have been prepared by heating pure raw linseed oil to a 
temperature of at least one hundred and seven degrees centigrade, with or without the 
incorporation of a dryer. 

( b) And for the purpose of this act it shall also be deemed a violation hereof if boiled 

linseed oil does not conform to the following requirements: 

1*5 F> 
First. Its specific gravity at :— ^, degrees centigrade shall be not less than 0.936. 

JLO.O 

Second. Its saponification number shall be not less than one hundred and eighty- 
eight. 

Third. Its Hanus iodine adsorption number shall be not less than one hundred and 
sixty. 

Fourth. Its acid value shall not exceed ten. 

Fifth. The volatile matter expelled at one hundred degrees centigrade shall net 
exceed two-tenths of one per centum. 

Sixth. No mineral oil or rosin oil shall be present, and the amount of unsaponifiable 
matter as determined by standard methods shall not exceed two per centum. 

Seventh. The film left after flowing the oil over glass and allowing it to drain in a 
vertical position must dry free from tackiness in not to exceed twenty hours at a tem- 
perature of about twenty degrees centigrade. 

Sec 8. That the product turpentine, oil of turpentine turps, is denned to be the 
volatile portion obtained by distillation of the oleo-resins from various species of 
coniferous trees: Provided, That the sale of so-sailed "stump turpentine" is not pro- 
hibited if it is so labeled. The addition of mineral oils or any ether substance, to 
turpentine shall be in violation of this act. 

Sec 9. That the term "paint" as used in this act shall include oyide of zinc, red 
lead and white lead, dry or in any kind of oil, or any compound inter ded for the 
same use, colors ground in oil, except artists' tube colors, paste or semipaste paint, 
and liquid or mixed paint ready for use. For the purposes of this act, vhite lead 
shall mean both the basic carborate and basic sulphate, and v*hen the term "vhite 
lead" is used on a label to describe either product, such term shall be used, as the 
case may be. 

Sec 10. That the label required by this act shall clearly and distinctly state the 
name and residence of the manufacturer of the paint, or of the distributor thereof, or 
of the party for whom the same is manufactured, and show the name and, vith sub- 
stantial accuracy, the percentage of ea< h ingredient, both solid and liquid, contained 
therein as the same would be disclosed by an ordinary chemical aralysis thereof, it 
being the intention of this act to furrish the consumer vith such information only 
concerning the composition of said paint as he could obtain by submittirg the same 
to a chemical analysis. Such label shall be printed in plain, legible type, and, so 
far as possible, common English words shall be used ir stead of technical terms. 

Sec 11. That the label "on all liquid or mixed paints shall show the net measure 
of the contents of the container, and on all paste and semipaste paints sold by weight 
the net weight of the contents of the package, or, if sold by measure, the net measure 
of such contents. 

Sec 12. That for the purpose of this act an particle shall also be deemed to be im- 
properly labeled or misbrancled — 

First. If it be an imitation of or offered for sale under the name of another article. 

Second. If the contents of the package as originally put up shall have been re- 
moved, in whole or in part, and other contents shall have been placed in such package, 
or if the package fails to bear a statement on the label of the quantity or proportion 
of such ingredient contained therein. 

Third. If the package containing it or its label shall bear any statement, design, 
or device regarding the ingredients or the substances contained therein which state- 
ment, design, or device, shall be false or misleading in any particular. 

Sec 13. That no person shall be prosecuted under the provisions of this act when 
he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other 
party residing in the United States from whom he purchases such articles to the effect 
that the same is not adulterated or improperly labeled within the meaning of this act, 
designating it. Said guaranty, to afford protection, shall contain the name and address 
of the party or parties making the sale of such articles to such person, and in such case 
said party or parties shall be amenable to the prosecutions, fines, and other penalties 
which would attach in due course to such person under the provisions of this act. 



6 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Sec. 14. That any linseed oil, turpentine, or paint that is adulterated or improp- 
erly labeled within the mearirg of this act, ard is beirg transported from ore State, 
Territory, District, or irsular possession to ar other for sale, or having been trars- 
ported, remaii s unloaded, ursold, or in original unbroken packages, or if it be sold 
or offered for sale in any District, Territory, or irsular possession of the United Sates, 
or if it be imported from a foreign country for sale, or if it is inter ded for export to a 
foreign country, shall be liable to be proceeded agairst in any district court of the 
United S ates within the district where the same is found ard seized for confiscation 
by a process of libel for condemnation. And if su<h article is cordemred as beirg 
adulterated or improperly labeled within the mearirg of this act, the same shall be 
disposed of by destruction or sale, as the said court may direct, ard the proceeds 
thereof, if sold, less the legal costs aid charges, shall be paid into the Treasury of the 
United States, but such goods shall not be sold in any jurisdiction contrary to the 
provisions of this act or the laws of that jurisdiction: Provided, however, That upon 
the payment of the costs of such libel proceedings and the execution and delivery 
of good and sufficient bond to the effect that such article shall not be sold or other- 
wise disposed of contrary to the provisions of this act or the laws of any State, Terri- 
tory, District, or insular possession, Ihe court may by order direct that such articles 
be delivered to the owner thereof. The proceedings of such libel cases shall conform, 
as near as may be, to the proceedings in admiralty, except that either party may 
demand trial by jury of any issue of fact joined in any sue h case, and all such proceed- 
ings shall be at the suit and in the name of the United States. 

Sec. 15. That the Secretary of the Treasury shall deliver to the Secretary of Agri- 
culture, upon his request from time to time, samples of linseed oil, tuipentine, and 
paint which are being imported into the United States or offered for import, giving 
notice thereof to the owner or consignee, who may appear before the Secretary of 
Agriculture and have the right to introduce testimony, and if it appear from the 
examination of such samples that any such article offered to be imported into the United 
States is adulterated or misbranded within the meaning of this act, or is of a kind 
forbidden entry into or forbidden to be sold or restricted in sale in the country in 
which it is made or from which it is exported, or is otherwise falsely labeled in any 
respect, the said article shall be refused admission, and the Secretary of the Treasury 
shall refuse delivery to the consignee, and shall cause the destruction of any goods 
refused delivery which shall not be exported by the consignee within three months 
from the date of notice of such refusal under such regulations as the Secretary of the 
Treasury may prescribe: Provided, That the Secretary of the Treasury may deliver 
to the consignee such goods pending examination and decision in the matter on 
execution of a penal bond for the amount of the full invoice value of such goods, 
together with the duty thereon, and on refusal to return such goods for any cause to 
the custody of the Secretary of the Treasury when demanded, for the purpose of 
excluding them from the country or for any other purpose, said consignee shall forfeit 
the full amount of the bond: And provided further, That all charges for storage, cartage, 
and labor on goods which are refused admission or delivery shall be paid by the owner 
or consignee, and in default of such payment shall constitute a lien against any future 
importation made by such owner or consignee. 

Sec. 16. That the term "territory" as used in this act shall include the insular 
possessions of the United States. The word ''person" as used in this act shall be 
construed to import both the plural and the singular, as the case demands, and shall 
include corporations, companies, societies, and associations. When construing and 
enforcing the provisions of this act, the act, omission, or failure of any officer, agent, 
or other person acting for or employed by any corporation, company, society, or asso- 
ciation, within the scope of his employment or office, shall in every case be also 
deemed to be the act, omission, or failure of such corporation, company, society, or 
association as well as that of the person. 

Sec. 17. That this act shall be in force and effect from and after one year from 
the date of its passage and approval. 

The Chairman. I would like to make a suggestion with respect to 
this hearing. The statements ought to be with respeel to the reasons 
without any great amount of speech making. Speeches do not count 
anyhow. 

I suggest thai you take charge of the hearing, Senator Kenyon, 
and put your evidence in. 

Senator Kenton. Tiie subcommittee will first hear Mr. Dewar. 

Mr. Dewar, will you stale* what your position is, and then state the 
need of this legislation? 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 7 

STATEMENT OF JOHN J. DEWAR, OF PITTSBURGH, PA. 

Mr. Dewar. I ani a master painter. I have three letters here 
which I received from commissioners who have had a great deal of 
experience in paint matters. 

Senator Ken yon. Can you not put those in the record ? 

Mr. Dewar. I will put these in evidence. 

(The letters referred to, marked tl Exhibits 1,2, and 3," respectively, 
are here printed in full, as follows:) 

Exhibit 1. 

North Dakota Agricultural Experiment Station, 

Agricultural College, N. Dal:., March 30, 1916. 

Hon. James A. Reed, 

Chairman Committee on Manufactures. 

Dear Sir: I am informed that there is to be a hearing on the Kenyon paint bill now 
before Congress, Tuesday, April 4, and as one who has had to do with paint work for the 
past 14 years and the enforcement of the paint law for North Dakota during the past 10 
years, I desire to emphasize the necessity, as fully as I can, for a Federal paint law. 

There is no place where there is more deception and fraud practiced at the present 
time than in the manufacture and sale of certain classes of paints, oils, turpentines, and 
varnishes; and the public have no means of protection, except in a few of the States. 
Manufacturers doing business in North Dakota are now generally agreed that all of the 
better manufacturers are benefitted by the enforcement of the paint law. The evils 
of the paint trade, oil trade, turpentine trade, and the varnish trade can not be elimi- 
nated except through the enactment of a strong Federal law that will make it a misde- 
meanor to substitute other products for linseed oil or turpentine, or to misbrand a paint 
in any way. The public are entitled to know the composition of each and every paint 
which they are asked to purchase. The formula label works no hardship to any manu- 
facturer. All are complying with the requirements in North Dakota, and no manu- 
facturer has been prosecuted, nor have we found it necessary to prosecute since the 
original case that was contested all through our courts to the Supreme Court of the 
United States. 

Paints are sold which are advertised as having as their base white lead, when as a 
matter of fact they contain no real white lead at all, or if white lead is used it is a minor 
constituent. In place of turpentine substitutes are used, and the linseed oil is not 
always as represented. More than that, emulsifiers are added so that water may be 
used, and through the influence of these emulsifiers the product appears to be thicker 
and better than it really is. 

I am sending you, under another cover, copies of bulletins Nos. 70, 86, paint bulle- 
tins 5 and 6, and a reprint from my annual report for 1912. I trust these will contain 
information that will be at least suggestive as to the needs of a paint law. 
Yours, very truly, 

E. F. Ladd, Commissioner. 



Exhibit 2. 

Commonwealth of Virginia, Dairy and Food Division, 

Richmond, March 30, 1916. 
Senator James A. Reed, 

Chairman of the Committee on Manufactures, Washington, D. C. 
Dear Sir: I have been advised that S3iiate bill No. 1289, introduced by Senator 
Kenyon of Iowa, having for its purpose the prevention of the manufacture, sale, or 
transportation of adulterated, mislabeled, or misbranded linseed oil, turpentine, and 
paint, has been referred to your committee. As this is a matter in -which this depart- 
ment is and has been very much interested for several years past, I desire to express 
to you the hope that your committee will give to this proposed legislation your favor- 
able consideration and report. I am satisfied, from an investigation of this traffic 
in misbranded linseed oil, turpentine, and paints extending over a period of several 
years, that there is an irsistent demand by the consumers of paint products for legis- 
lation which will stop the abuses which are now freely practiced in the distribution 



8 PREVENTING I'll E MAN [JPACTURE OF Ann. ! EKATED OTL, ETC. 

of the products i amed. As i d b 3tance oi the adult( ration of lirseed oil and turpen- 
tine, 1 beg to say that products lab< Led Lii Beed oil ai d turpentine can be purchased 
on the Virgil La markets a1 pric( b per gallon rai gii g from 2 < < nts to 5 < ents below ihe 
pri :es charged ai the distributii g centers I r ihe ui adulterated products. 1 am also 
i((l from my obsei the buildirgs in this State, especially buildirgs in 

the rural districts to \ hich the ready mixed paints ha\ e be< o a] plied, and from the 
dissatisfied comments of the owners of tin Be buildia gs, that la.rge quai tities of worth- 
mixed paints are being distribute d to the citizei b of this State. I do r.ot believe 
an oil and paint law which did not reqi Lre a p< rcentage formula statement on the 
package would be an effective measure. The required statement should not include 
information which might reA'eal trade secrets, except in so far as ihis information 
could be gained from a chemical analysis ai d other examination of the product. 

A bill attempting to establish inspection and supervision of the manufacture and 
distribution. of Lirseed oil, turpentine, and paint was defeated at the last session of 
the Virginia Legislature. The bill contained a provision for raising revenue for its 
enforcement in the form of a tax on the sales, the tax to be arrived at by the a olume 
of oil, paint, etc.. sold during the calendar year. This revenue feature, in my opinion, 
was the main cause of the defeat of the measure, and that the opponents of the m< as- 
ure claimed that as long as the Federal laws did not undertake a supervision over 
the sale of paint products and only incidentally over the sale of linseed oil and tur- 
pentine, it would work an injustice to the Virgiria dealer if the Virginia 1 egislature 
passed laws v. hich could not be applied to the jobber and manufacturer shipping his 
products from beyond the borders of the State directly to the consumers within the 
S ale. These were the two main reasons of the defeat of the propose d \ irgb ia lin- 
seed oil and paint bill. I cite this in order that you may know the sentiment of this 
State is unqualifiedly for such national legislation as would stop the abuses in this 
industry, and that as soon as a Federal statute is enacted w hi< h w ill effects ely 
control the interstate shipments the national law would be promptly supplemented 
by the enactment of a similar statute in Virginia. 

I have the honor to be, 

Very respectfully, your obedient servant, 

Benj. L. Purcell, Commissioner. 



Exhibit 3. 



State of Iowa Patuy axd Food Commission, 

Des Moines, March SO, r 
Hon. James A. Reed, 

Chairman Ccmmitteeon Manufactures, Washington, D. C. 
Dear Sir: We understand that the Kenyon paint bill will be consider d by the 
Committ se on Manufactures on Tuesday, April 4. and we are writing to urge thai every 
1 1 be us d i" b icure the recommendation and early i »f this measure. 

This department has been compelled to make dearly 200 prosecutions against retail 
dealers for the sale of adulteral d oil, which was shipped in interstate < ■ nm re ', thus 
mal ing it impossible for us to r ach the wholesaL r or jobber. Large manufai tur< ra 
of farm machinery and furniture are making complaint that adulterat d linseed oil 
is shipp d to ilc in in interstate commerce, and the iood and drug a< i am rds no pro- 
tection where thes ■ commodity a are i<> be used for commercial purpos b. 

Only recently our State board of control was swindl d b} me of these concerns 
with headquarters ai < Leveland, Ohio. Reports Erom various sources in this State 
show thai ;i these linns are active in securing c mtracts ior future delivery, 

and legitimate ] turers in this and other States inform us that prices quot d 

below ci ure art Lcle. 

We t rust you will give this bill • ■-. ry consideral Lon and do all you can to hasten its 
. 

Yuri . \ i i ii 1 1 \ . 

\V. B. I-a rneTj ' ' ■ ""'• ttitmer. 

The Chairman. Have you read these letters,? 

M p. I )r.\\ \ i:. Ye . sir. 

The Chairman. Whal is your business? 

Mr. 1 )i;\y.\i: . I am n mas1 er pain i er. 

The Chairman. You have worked \w i] \ paints all your life? 

Mr. I)i. 'a \i.\ No, sir; no1 all mj life practically so) yes, sir. 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 9 

The Chairman. A great many years, however? 

Mr. Dewae. Yes, sir. 

The Chairman. Do you say that, having examined these letters 
>r statements, they are correct % 

Mr. Dewae. Yes, sir. 

Senator Kenyon. Have you any other exhibits that you desire 
o put in the record ? 

Mr. Dewae. Yes, sir; I have here two bulletins from the agricul- 
ural department of North Dakota on the conditions of paint, oil, 
,nd turpentine as found on the markets in that State. The hulle- 
in shows in the matter of vehicles, as high as 39 per cent water is 
lsed in lieu of linseed oil, which is the life of paint. It also shows 
ead purchased on the market, labeled " white lead"; also " pure white 
ead," that does not contain, in some instances, any lead at all, 
md in others from 14 to 50 per cent. 

Senator Kenyon. You can leave those with the committee. 

Mr. Dewae. Yes, sir. They are all checked off. 

(Extracts from the documents referred to are marked "Exhibits 
t, 5, and 6," and are here printed in fall, as follows:) 

Exhibit 4. 

Lab. No. 516. Royal white lead. E. P. & V. Co., M. B. Cochran, president, Pitts- 
burgh, Pa. Net weight, 24 pounds 5 ounces.) 

ANALYSIS OF PIGMENT. Per cent. 

IVhite lead 43. 32 

ead sulphate .54 

Sine oxide 11. 60 

3arium sulphate 42. 28 

Silica and silicate 1.67 

[Undetermined 59 

Total 100. 00 

The term "Royal white lead" should indicate a good product; that is, some special 
)rand of pure white lead; but the analysis does not bear out this conclusion, for less 
han half of the product is white lead, and it is largely adulterated with barytes. 



Exhibit 5. 
(1075. Ready-mixed paint, outside white. W. L. Klingenhofer, Pittsburgh, Pa.) 

Per cent. 

Pigment 64. 52 

Vehicle 35. 48 

Total 100. 00 

ANALYSIS OF VEHICLE. 

Linseed oil 94. 06 

Benzine 5. 94 

Total 100. 00 



10 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

ANALYSIS OF PIGMENT. 

Per cent. 

Zinc oxide, ZnO 30. 60 

Sublimed lead, PhS0 4 24. 86 

Sublimed lead, PbO 6. 26 

Calcium carbonate, CaC0 3 3. 37 

Aluminum oxide, A1 2 3 1. 74 

Bary tes, BaS0 4 6. 31 

Mag. silicate and undetermined 26. 86 

Total 100. 00 



Exhibit 6. 

(1077. White lead, said to be Bridgeport standard white lead, prepared by Bridgeport 
Wood Finishing Co., Bridgeport, Conn.) 

Per cent, 

Silica and silicates 32. 87 

Sublimed lead, PbS0 4 28. 14 

Sublimed lead, PbO 3. 11 

Zinc oxide, ZnO 35. 12 

Undetermined 0. 76 

Total 100. 00 

The circular accompanying the above states: "Bridgeport standard white lead is not 
a new product, but has been on the market for over 40 years." 

They say further: "We use a mixture of carbonate of white lead, pure oxide of 
white zinc, especially prepared pure floated white silex, and pure linseed oil." 

Analysis does not indicate that any true white lead has been used in this preparation. 

Again they say: "The combination we use has been proved by exhaustive tests, 
made by the Government and leading paint manufacturers and chemists, to be the 
best, judged by spreading, covering, and lasting qualities." 

They farther state: "Bridgeport standard white lead is the most economical white 
lead on the market." 

To say the least, there is considerable exaggeration. A good paint law would 
insure valuable information to the purchaser and place all manufacturers on the same 
basis. 

The Chairman. You introduced those two documents in evidence ? 

Mr. Dewar. Yes, sir. 

The Chairman. Have you examined them ? 

Mr. Dewar. I have. 

The Chairman. Are the statements and conclusions in them 
correct in your opinion? 

Mr. Dewar. So far as I have any knowledge of the matter, Dr. 
Ladd being a very eminent paint chemist and any analysis that 
he puts out is received by all paint manufacturers and painters as 
being absolutely correct. 

The Chairman. Who got these two documents up ? 

Mr. Dewar. Commissioner Ladd, of North Dakota. 

Senator Kenyon. We will have them* as exhibits. 

Mr. Dewar. Yes; they show the water and barytes in place of 
lead. I have three letters here. They are of a personal character 
from commissioners, and I would like to read extracts from them. 
Here is one from Wyoming; this is from the commissioner of 
Wyoming: 

I have not had an opportunity to go into this matter very extensively, but have 
gone into it anough to satisfy myself that this State is a dumping ground for about 
all the a lulterated oil, turpentine, white lead and paint that are in the country. 
At the lasl Be3sdon of the legislature 1 ma le a great effort to get a bill through that 
woul'l afford us protection, bul there was evidently some strong Influence against it, 
and it failed to pass. 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 11 

Now, this is from the commissioner of South Carolina. He says: 

I beg to say that many citizens of this State are repeatedly complaining of the 
rferior quality of the linseed and other paints oils and paints that have been sold 
D them in the markets of the State. 

This is from the commissioner of Ohio: 

The linseed oil and turpentine statutes are very satisfactory, while the one bearing 
pon paint is of very little account. 

Mr. Dewas. Now, the reason for that, Senators, is this: There was 
. law passed in Ohio three years ago, a paint law for the protection 
f the consumers of paint that contained the analysis label just as 
t is set forth in the Kenyon paint bill, but the enforcement of that 
aw was delayed from month to month, until a new session of the 
jgislature was held, when that clause— the saving clause of that 
ill — was eliminated. Therefore, the commissioners say it is of very 
ittle consequence, and I want to say that without the formula-label 
lause of this bill beiQg part of the bill, the paint portion of it is of no 
on-equence whatsoever. 

The Chairman. You said, "the saving clause" of that bill was 
tricken out. What do you mean by the saving clause ? 

Mr. Dewar. May I read section* 8 here ? 

The Chairman. Yes. 

Mr. Dewar [reading] : 

That the label required by this act shall clearly and distinctly state the name and 
esidence of the manufacturer of the paint or the distributor thereof, or of the party 
or whom the same is manufactured, and show the name, and with substantial accu- 
acy, the percentage of each ingredient, both solid and liquid, contained therein as 
he same would be disclosed by an ordinary chemical analysis. 

That is what you call "the saving clause"? 

Mr. Dewar. That is the meat of tne whole bill. 

The Chairman. But I say it is what you call the "saving clause' ? 

Mr. Dewar. The saving clause. 

The Chairman. I simply want to get the record so that it means 
omething. That is what they struck out there ? 

Mr. Dewar. Yes, sir. 

The Chairman. And you say that made the bill worthless ? 

Mr. Dewar. Worthless; and the same in Pennsylvania at the last 
neeting of the legislature. The bill presented there was practically 
he Kenyon paint bill, and to get it on the statute it was necessary 
io eliminate that saving clause, and to-day the bill is worthless as a 
xrotection to consumers of paint in the State of Pennsylvania. 

The Chairman. Now, it seems to me, you. are arguing something 
mtside of what concerns us very much. 

Senator Kenyon. Yes; I wish you would get down to a few fun- 
lamentals. How will this bill, in your judgment, protect the 
ionsumer ? 

Mr. Dewar. The bill as set forth will protect the consumer of lin- 
eed oil, turpentine, and paint from those manufacturers who adul- 
terate. 

Senator Kenyon. That is the whole thing; who adulterate? 

Mr. Dewar. And substitute ingredients other than lead, oil, and 
urpentine. 

Senator Kenyon. How does this adulteration affect the cons- 
nimer? Here is a farmer with a house. He buys his paint and 
mints his house. As it now exists, how long wiil that paint last 



12 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

under this bill? If lie secures the paint and this bill were in forc< 
and effect, how long would it last? 

Mr. Dewar. First, the master painter goes into the market and 
purchases his white lead. In a great many instances he is prac- 
tically buying a pig in a poke, because he can not tell a thing by the 
looks of the lead. Ho just simply pays his money for what he 
thinks is white lead, and frequently it is not white lead at all, but 
simply barytes. He goes ahead and paints the house. Barytes is 
an inert matter. It does not absorb oil. When the sun comes and 
dries up the oil, you can brush the paint off within a year or two, 
where, if pure lead had been used and pure linseed oil, that house 
would stand from five to six years before it would require repainting. 

Senator Kenyon. Then, this generally adulterated paint that is 
used lasts about half the time that pure paint would ? 

Mr. Dewar. We find 

The Chairman. What do you say in answer to the Senator's 
question ? 

Senator Kenyon. My question is, this adulterated paint lasts 
just about half as long a time ? 

Mr. Dewar, Yes, sir. 

Senator Kenyon. And is sold as pure paint ? 

Mr. Dewar. Yes, sir. 

Senator Kenyon. That is where the fraud comes in ? 

Mr. Dewar. That is where the fraud comes in. Now, the farmers 
and agriculturists, who are the large consumers of mixed paints, do 
largely their own painting. They go to their derders and buy mixed 
paint. In many instances those mixed prints are shown to contain 
as high as 39 and 40 per cent of water in lieu of linseed oil. Within 
a year that paint will break down and permit the moisture and the 
rain to penetrate into the wood. 

Senator Kenyon. Now, under the prohibitions in this bill that 
kind of paint could not be shipped in interstate commerce ? 

Mr. Dewar. Yes, they can ship it, but the man will see on the 
label that that paint contains from 10 to 39 per cent of water. 

Senator Kenyon. It could not be shipped without a label showing 
what it was or what its ingredients were ? 

Mr. Dewar. No, sir; it could not. Therefore the analysis label is 
the saving clause of the bill. 

Senator Kenyon. Can you give us any idea of the amount expended 
in painting in this country in a year, and how much this fraud amounts 
to? 

Mr. Dewar. No, sir; I could not. 

Senator Kenyon. It is very enormous, is it not? 

Mr. Dewar. Oh, there is no question about that. 

The Chairman. To what extent are these substituted articles or 
this — I will call it for the sake of a term — fraudulent paint used ( 

Mr. Dewar. Very, very large. 

The Chairman. Well, is it 10 per cent, 20 per cent, 50 per cent or 
100 per cent — what is it ( 

Mr. Dewar. I would say 50 per cent at the very least. 

Senator CeNTON. There are some pure standard paints, are there 
not \ 

Mr. Dewak. By all means. 

Senator Kknyon. Are these people objecting to this bill, the manu- 
facturers of pure paint? 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 13 

Mr Dewar. No, sir; here is a list of the leading manufacturers in 
his country who are to-day labeling all their materials in conformity 
"ith the Kenyon paint bill. There are a number of States that have 
aint laws. 

(The paper referred to is marked "Exhibit 7" and is here printed 
i full, as follows:) 

Exhibit 7. 

a.int manufacturers who at present label their paints and colors in con- 
formity with full requirements of kenyon paint bill. 

Heath & Milligan Manufacturing Co., Chicago, 111. 
Acme White Lead & Color Works, Detroit, Mich. 
Lincoln Paint & Color Co., Lincoln, Nebr. 
Campbell Faint & Glass Co., St. Louis, Mo. 
Patton Paint Co., Milwaukee, Wis. 
Sherwin-Williams Paint Co., Cleveland, Ohio. 
W. W. Lawrence & Co., Pittsburgh, Pa. 
Harrison Bros. Co., Philadelphia, Pa. 
John W. Masury & Son, Brooklyn, N. Y. 
National Lead Co., New York, N. Y. 

STATES HAVING PAINT LAWS IN FORCE. 

Jorth Dakota. Minnesota. California, 

outh Dakota. Massachusetts. Pennsylvania. 

Nebraska. Ohio. Wisconsin, 

owa. Vermont. 

The Chairman. Does that include all the names; are all the names 
>n that paper the names of concerns that have labeled their paints? 

Mr. Dewar. They are not all there. 

The Chairman. No; but are all that are there of that character? 

Mr. Dewar. Yes, sir; all of them label their paints in conformity 
jpith the Kenyon paint law. 

Senator Kenyon. Have you some exhibits here showing the 
various linseed oils ? 

Mr. Macnichol. I will say 

Senator Kenyon. Suppose you give your name and business ? 

STATEMENT OF CHARLES MACNICHOL, 428 TENTH STREET, 

WASHINGTON, D. C. 

Mr. Macnichol. My name is Charles Macnichol. I am a master 
minter. I do the work around these hill-top buildings and have for 
iie last 20 years. 

We claim the right to know by this form of labeling what we are 
Duying and to know what they are going to make us pay for it. We 
lave no knowledge of what is contained in the can until we see the 
orniula on the can, and if there is a law that forces them to put a 
correct formula on the can we will know what we are buying. You 
3an not buy paint like you can a piano or a horse or anything that you 
3an examine. You buy it and put it on and do not know for six 
Tionths afterwards whether you have been swindled or not. 

Senator Kenyon. Is there any paint manufactured in -the District 
)f Columbia ? 

Mr. Macnichol. No, sir. 

The Chairman. Let me ask you a question for the sake of the 
record. If I understand you aright, they make these paints with 
adulterated oil and with substituted or adulterated materials, so that 



14 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

when they are fresh the difference between the genuine article anc 
the adulterated article can not be discovered by a good painter ? 

Mr. Macnichol. No, sir; not unless he has a chemical examina- 
tion made. 

The Chairman. The only way to determine would be by a chemica 
examination ? 

Mr. Macnichol. Yes, sir. 

The Chairman. And what you want is to have the manufacturer 
of paint, if he ships it in interstate commerce, compelled to put on 
his can or holder, whatever it is, a plain label which will disclose what 
the paint is, so that if a man wants to buy a cheap adulterated article 
he can buy it ? 

Mr. Macnichol. Yes, sir. 

The Chairman. But he knows what he is buying ? 

Mr. Macnichol. Yes, sir. 

The Chairman. If he wants a first-class paint — that is, if he wants 
paint with pure oil and pure turpentine and pure lead, or any other 
ingredient, and wants to pay for it — he knows he is going to get it. 
That is what you want ? 

Mr. Macnichol. He has a guaranty of what he is buying. 

The Chairman. And you see that the imitations are so cleverly 
made that without a chemical analysis they could not be discovered 
when they are first purchased or put on. Now, can you tell after- 
wards ? 

Mr. Macnichol. Yes, sir; by wear and durability. They disin- 
tegrate. 

The Chairman. That is the bad ones, or spurious ones, disintegrate ? 

Mr. Macnichol. Yes, sir. 

STATEMENT OF JOHN J. DE WAR— Resumed. 

Mr. Dewar. Here [indicating] are four samples that were pur- 
chased in the open market, and I defy any man, painter or manufac- 
turer, to look at these and state which is pure lead and which is lead 
that is altogether spurious. 

Senator Kenyon. That has just been put on, has it not? 

Mr. Dewar. Yes, sir. 

The Chairman. You say that the fresh paints on the tablet that 
you have put in are the paints that appear here on this exhibit? 

Mr. Dewar. Yes, sir. 

Senator Kenyon. Is one of them pure lead? 

Mr. Dewar. Yes, sir; one is pure lead. 

Senator Kenyon. And you have shown here which is pure lead? 

Mr. Dewar. Yes, sir; but otherwise you could not have told. 
This [indicating] is 94 per cent barytes. - 

Senator Kenyon. What is barytes? 

Mr. Dewar. It is pulverized rock, having about the same weight 
as lead — 94 per cent barytes and 6 per cent zinc oxide, and to look 
at it, no man living can tell. 

The Chairman. Which one is that? 

Mr. Dewar. No. 1 . 

The Chairman. You say No. 1 is lead? 

Mr. Dewar. No, sir; not lead. No man living, without a chemical 
analysis, could tell whether that was pure load or what it was, or 
what ingredients it was composed of. 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 15 

The Chairman. No. 1 on this tablet that you have prepared has 
o lead in it at all ? 

Mr. Dewar. Not any. 

The Chairman. And you say it is made of what ? 

Mr. Dewar. Ninety-four per cent barytes and 6 per cent zinc oxide. 

The Chairman. Now, what is barytes 1 ? 

Mr. Dewar. Barytes is pulverized or ground rock. 

The Chairman. How long will that kind of paint last? 

Mr. Dewar. If pure Unseed oil is used, it may last for two years. 
'. linseed oil adulterated largely with petroleum oil is used, it would 
ot last a year. 

The Chairman. If No. 1 was good white lead and pure linseed oil 
as used, how long ought it to last? 

Mr. Dewar. It would last from five to six years without repainting. 

The Chairman. Now we come to No. 2 

Senator Kenyon. Before you leave that, let me ask: Suppose a 
erson is going to buy and No. 1 is given him, will he pay the same 

for No. 3 ? 

Mr. Dewar. Yes, sir; I paid white-lead prices — I bought a keg 
lyself in Pittsburgh which was manufactured in St. Louis. I 
ought it in Pittsburgh in the open market and had it analyzed. 

The Chairman. Now, we will come to No. 2, which you say on this 
iblet, which we will have marked now " Exhibit 8," has 14 per cent 
f lead. What are the other substances making up the 86 per cent ? 
here ought to be put on there so much lead and so much barytes, etc. 

Mr. Dewar. I put it down there as 14 per cent to give the manu- 
re turer the full value. The correct analysis is 13.8. Here [indi- 
ating] is the full analysis. 

The Chairman. Will you put on the back of Exhibit 8 the correct 
nalysis of each of these specimens shown on Exhibit 8 ? 

Mr. Dewar. Yes, sir; I will give it to the stenographer. 

The Chairman. In that completed form, putting it right on the 
ack of this tablet — you will give it to the stenographer ? 

Mr. Dewar. Yes, sir. 

(The paper referred to, marked " Exhibit 8," is here printed in full, 
s follows :) 

Exhibit 8. 

ample No. 1, branded "Climax white lead": Per cent. 

Barytes 94 

Zinc oxide 6 

Total 100 

ample No. 2, branded "Pure white lead": 

White lead 13. 08 

Lead sulphate 38 

Zinc oxide 35. 62 

Zinc sulphide 1. 10 

Barium sulphate 40. 96 

Silica and silicates 7. 72 

Undetermined 1. 14 

Total 100. 00 

ample No. 3, branded "Pure white lead": 

White lead 99. 22 

Undetermined 78 

Total 100. 00 



16 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Sample No. 4, branded "Standard white lead": Per cent 

Silica and silicates 32. 8' 

Sublimed lead. PbS0 4 28. 1^ 

Sublimed lead, PbO 3. 1. 

•Zinc oxide, ZnO 35. 1: 

Undetermined 7( 

Total 100. 0( 

The Chairman. Now, without going into the details, as to what u 
in it, how long will No. 2 last? 

Mr. Dewar. It may last for three years. It is largely dependent 
upon the oil that is used in conjunction with it. 

The Chairman. Now, take No. 3, which is marked "Pure lead. 
How long will that last ? 

Mr. Dewar. From five to six years. 

The Chairman. We will take No. 4, which is said to be 35 per cent 
lead. How long will that last ? 

Mr. Dewar. I should say from four to five years, all depending 
upon the oil — if it is a good linseed oil and not adulterated, or min- 
eral oil, fish oil, or corn oil. 

The Chairman. Now, suppose you put that adulterated oil with 
pure lead, what would be the result ? 

Mr. Dewar. It would disintegrate much quicker than if linseed oi 
were used. 

The Chairman. So there are two things that enter into the per- 
manency of this good paint. 

Mr. Dewar. Yes, sir. 

The Chairman. First, the purity of the paint itself 

Mr. Dewar. Yes, sir; of the pigment. 

The Chairman. Well, the pigment by which you mean the solic 
matter; that makes up the paint. 

Mr. Dewar. Yes, sir. 

The Chairman. And, secondly, the element is the purity of the oil i 

Mr. Dewar. Yes, sir. 

The Chairman. Do you have the same difficulty with spurious oils 
that you have with spurious paints ? 

Mr. Dewar. We do. To-day the name "Pure spirits of turpen- 
tine" is practically a misnomer. It is so largely adulterated with 
mineral spirits, and it is so finely executed, that you and I could 
not tell any more than we could tell barytes from white lead by 
looking at it. Linseed oil is so adulterated to-day with mineral 
oil and corn oil, fish oil, and other oils that we can not tell it without 
a chemical analysis. 

I wish to place on record another exhibit. During the hearing on 
the Heyburn bill, which was a similar paint bill to this, a statement 
was made about the adulterated leads found in the market. Mr 
Walker, of the Agricultural Department, who has just entered the 
room here, was instructed by Senator Heyburn to go into the mar- 
kets and procure samples of paints and lead in the markets of Wash- 
ington and Baltimore, Among his purchases ho procured 12 sample 
of lead and had them analyzed in his department, and but 2 of 
those samples proved to be pure. This [indicating] is what the 
Government sent me, and 1 have a condensed statement of it here 
that I will place in the record as an exhibit. 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 



17 



The Chairman. The Government sent you a statement of this 
malysis that was made by Mr. Walker or under his supervision ( 

Mr. Dewar. Yes, sir. 

The Chairman. And you have condensed this statement in the 
locument which is marked "Exhibit 9" ? 

Mr. Dewar. Yes, sir. 

The Chairman. That will be inserted in the record and marked 
'Exhibit 9." 

(The paper referred to and marked " Exhibit 9" is here printed in 
ull, as follows:) 

Exhibit 9. 

United States Senator Heyburn, during a h aring of a paint bill, before the United 
states Senate, instructed Dr. P. H. Walker, of the Agricultural Department, to make 

report of conditions of paints as found by him in the market. He bought in the 
pen markets of Washington and Baltimore a number of paints, which he analyzed 
nd reported results to Senate Committee. Among them were 12 cans of lead 
abeled "White Lead" and "Pure White Lead." From his report you will observe 
hat only two of them were pure lead , the balance largely adulterated and a number 
Lot showing any white lead. His report in part is here given, which speaks for itself. 
s to the deplorable paint conditions, which are found general outside of States not 
aving pure paint laws requiring the formula label on all packages. 

(The analysis referred to and marked " Exhibit 10" is here printed 
n full, as follows :) 

Exhibit 10. 

Analyses of white leads bought in the open market in Washington and Baltimore. 



Claim on label. 



Vhite lead in oil 

Vhite lead ground in linseed oil. 



Probable composition (per cent). 



now white lead ground in pure linseed oil. . 
Vhite lead ground in prepared linseed oil 



Vhite lead warranted ground in refined lin- 
seed oil. 



Vhite lead ground in pure linseed oil. . . 

Vhite lead in oil 

Vhite lead ground in refined linseed oil 

Vhite lead ground in pure linseed oil... 



'ure white lead warranted superior to any 
in the market, made of the best and purest 
materials. 



Pure white lead in linseed oil 

White lead 2 

Zinc white (western) 32 

Barium sulphate 65 

Calcium sulphate 1 

In linseed oil. 

White lead 9 

Zinc lead 11 

Barium sulphate 80 

In linseed oil. 

White lead 1 

Zinc white 14 

Barium sulphate 75 

Calcium sulphate 10 

In linseed oil. 

White lead 1 

Zinc lead 6 

Barium sulphate 93 

In linseed oil. 

White lead 1 

Zinc white 20 

Barium sulphate 79 

In linseed oil. 

Pure white lead in linseed oil 

White lead 28 

Leaded zinc 39 

Barium sulphate 28 

Calcium sulphate 5 

In linseed oil. 

Zinc white 20 

Barium sulphate 80 

In linseed oil. 

Zinc white 7. 

Silica 7. 

Whiting 6. 

Barium sulphate 80.0 

In linseed oil. 




10 



10 



10 



.08 



.09 
.10 



Per cent 
profit. 



82.9 
226.8 



298.4 
318.4 

446.4 

226.5 

68.5 
109.6 

279.7 
463.4 



37818—16- 



18 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 
Analyses of white leads bought in the open market in Washington and Baltimore — Con. 



Claim on label. 


Probable composition (per cent). 


Price 
paid. 


Per cent 
profil . 


"White lead 

Pure white lead in oil 


Zinc white 36. 

Silica 5. 

Barium sulphate 59. 

In linseed oil. 

Calcium sulphate 5.0 

Whiting 2. 

Barium sulphate 80. 

In linseed oil. 


SO. 1(1 

.10 


209.1 
365. 1 



Mr. Dewar. Now, No. 1 was 

The Chairman. What are you doing now, recapitulating what you 
have said ? 

Mr. Dewar. Yes, sir. 

The Chairman. There is no use reading it. 

Mr. Dewar. But I am afraid you Senators will not read it. 

The Chairman. There are two Senators listening to you now. 

Mr. Dewar. There are many of them that contain no lead at all, 
and it shows up as high as 400 per cent. Lead at that time was 
selling at 7 cents per pound on the market. 

The Chairman. In this market here the price paid was 12 cents. 

Mr. Dewar. I know, but the right price of lead on the market 
generally was 7 cents a pound. . 

Mr. Macnichol. The difference in that price is in the package in 
which it was bought. Probably a 1 -pound can would be 12 cents 
when a hundred pound or a 500-pound can would be 7 -J- cents. 

The Chairman. Let me ask for an explanation of this Exhibit 10. 
You have here in the right-hand column "Per cent profit. " How 
did you get at that? 

Mr. Macnichol. I think that Mr. Walker can answer that better 
than anyone else. 

The Chairman. Well, we will let Mr. Walker answer it. 

Mr. Walker. They are arbitrarily calculated. I do not remember 
the full details of the matter at the present time, as it has been a good 
many years ago, but it was arbitrarily calculated from the assumed 
value, which we believed to be about correct, of the ingredients that 
went into the contents of the can. We made a certain assumption 
which I think is in the original report, that white lead was worth so 
much, say 6£ or 7 cents a pound ; — whatever we accepted — and thai 
barytes was worth, say, three-quarters of a cent per pound. 

The Chairman. You are right here in the city ( 

Mr. Walker. Yes, sir; I am in the Bureau of Standards. 

The Chairman. I will state that I am going to continue this hear- 
ing until next week in order that the other side may appear. They 
have sent in requests to be heard. I had a notice over the phone a 
little while ago through Senator James, and probably we will want, 
you to be present at that time. 

Mr. Walker. I will state that 1 am not on either side. 

The CHAIBMAN. I know. You are not on either side, but these 
gentlemen here are on one side and the gentlemen who will come are 
on the other side, and you being a Government official, we will want 
you to he present when they are all here. 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 19 

Mi. Walker. Dr. Stratton instructed me to state to you that he 
was very sorry that he could not get out, and he sent me here. 

The Chairman. Now, let me ask you a question, Mr. Dewar. Are 
you through with the lead business, as far as you are concerned ? 

Mr. Dewar. Yes. sir; I wish to place on file as an exhibit these 
labels as proof that these people whom I have designated, label their 
goods in conformity with the requirements of this bill. 

(The papers referred to and marked " Exhibits 11 to 27,*' inclusive, 
are here printed in full, as follows:) 

Exhibit 11. 



The Lawrence colors. Refined, lamp black. Ground in pure linseed oil. W. W. 
Lawrence & Co., Pittsburgh. 12| lbs. The manufacturer's signature is placed only 
on their best brand. Xo. 302, carbon, 100 per cent. Ground in pure linseed, oil. 
W. W. Lawrence & Co. 



Exhibit 12. 

Masury 's liquid colors . The best in the world . White . Warranted pme linseed-oi 1 
paint. John W. Masury & Son, New York and Chicago. Half gallon U. S. standard. 

COMPOSITION. 

Paint: 

Pigment 60. 5% 

Vehicle 39. 5 % 

100 % 
Pigment : 

Zinc oxide 55 % 

Basic lead carbonate 45 % 

100 % 
Vehicle: 

Linseed oil 88. 0% 

Turpentine dryer 12. % 

100 % 
White J. 

Exhibit 13. 



Heath & Milligan Mfg. Co. 
U. S. Standard \ gallon. 



Best prepared paint. Pearl gray. Chicago. One 



White base* 

oloring matter** . 

Linseed oil 

Turpentine 

'apan 

Petroleum spirits. 
Water 



Total. 



60. 60% 

.07% 

34. 69% 

1.55% 

57% 

79% 

73% 



1. 



100. 00% 



Pigment. 



99. 88% 
• 12% 



100. 00% 



Liquid. 



88. 21% 

3. 95% 

4. 00% 
2. 00% 
1. 84% 



100. 00% 



: WHITE BASE. 



Lead carbonate 19. 26% 

^ead sulphate 19. 16% 

• inc oxide 46. 5&% 

3arium sulphate 10. 00% 

"■alcium carbonate 5. 00% 



: Coloring matter: Lamp black — carbon. 



100. 00% 



20 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Exhibit 14. 

Masury's pure colors. Ground in pure linseed oil. 1 lb. Prussian blue. War- 
ranted superior to any in the market. Manufactured only by John W. Masury & Son, 
Kew York & Chicago. Beware of imitations. None genuine unless bearing the sig- 
nature of John W. Masury & Son. 

COMPOSITION. 

Paint: 

Pigment 44% 

Vehicle 56 % 



100% 

Pigment, ferric ferrocyanide 100 % 

Vehicle: 

Linseed oil 94% 

Turpentine dryer 6 % 



100% 



Exhibit 15. 

Trade-mark registered. Boston prepared paint. The Acme Quality kind. Paints, 
enamels, stains, varnishes. 209. Ivory. Trade-mark reg. U. S. Pat. Off. 

DIRECTIONS. 

To secure the best results, stir the paint thoroughly. After opening the can pour 
off all the oil that has risen to the top into another vessel. Take a square-end paddle 
and break up the pigment until it is smooth and of uniform consistency. Then add 
the oil gradually which you have previously poured off, stirring constantly. 

Paint spreads more readily in warm weather. In cold weather extra care must be 
taken to brush out thoroughly. The best results are secured in a temperature between 
50 and 70 degrees. 

When possible choose a clear, dry day for painting. Never apply paint in damp 
weather, as surface to be painted may be charged with moisture. Under such con- 
ditions paint will not dry well and unsatisfactory results are apt to follow. 

Coat all knots or sappy and gummy places in the wood with shellac varnish before 
applying the paint. 

Putty all nail holes and cracks after priming coat is dry. 

The undercoats should be perfectly dry and hard all the way through before next 
coat is applied. 

If it is necessary to thin the paint, use pure raw linseed oil for outside work and tur- 
pentine for inside work. 

Caution: The contents of this package are inflammable and must not be exposed 
near a flame or intense heat. 

PERFECT FINISHES FOR ALL SURFACES. 

If it's a surface to be painted, enameled, stained, varnished, or finished in any way, 
there's an Acme Quality kind to fit the purpose. For the best results from painting 
and finishing materials insist that the Acme Quality trade-mark be on the label. 

Acme White Lead and Color Works. Factories: Detroit, Boston, Los Angeles. 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC.' 21 

Boston prepared paint (Acme Quality) (Acme Quality). One quart U.S. measure 
No. 209 ivory. 

Analysis. 





Weight. 


Pigment. 


Vehicle. 


Total. 


Pigment 


59. 46% 








White lead, carbonate 


11. 91% 
26. 57% 
29. 00% 
11. 71% 
19. 84% 
.97% 




7. 08% 


White lead, sulphate 






15. 80% 


Zinc oxide 






17. 24% 


Calcium carbonate 






6.96% 


Magnesium silicate. . . , 






11. 80% 


Fronch ochre l 






.58% 


Vehicle 


40. 54% 




Linseed oil. .'; 




75. 27% 

23. 57% 

1. 16% 


30. 51% 


Reducing oil japan 






9.56% 


Water 






.47% 










100. 00% 


100. 00% 


100. 00% 


100. 00% 



i Ferric oxide, 20%; silica, 80%. 



Exhibit 16. 

Trade mark registered. New Era paint. The Acme Quality kind. Paints, 
mamels, stains, varnishes. Outside white. Trade mark Reg. U. S. Pat. Off. 
New Era paint (Acme Quality). One quart IT. S. measure. Outside white. 

Analysis. 



Weight. 


Pigment. 


Vehicle. 


Total. 


Pigment 


64. 76% 










White lead carbonate , 


60. 00% 

30. 00% 

5. 00% 

5. 00% 




38. 85% 

19.43% 

3. 24% 

3.24% 


Zinc oxide 


Calcium carbonate 


Magnesium silicate 






Vehicle 


35. 24% 


Linseed oil 




83. 56% 

13.04% 

3. 40% 


29.44% 
4. 60% 
1. 20% 


Japan 






Water 












100. 00% 


100. 00% 


100. 00% 


100. 00% 



DIRECTIONS — OUTSIDE WHITE. 

Caution. — This paint is very heavy bodied and directions must be followed to secure 
satisfactory results. 

For new icork. — Shellac all knots and sappy places. 

Priming: Add a gallon of pure raw linseed oil for each gallon of white. 

Putty all nail holes after priming coat is dry. 
^ Secondcoat: Add to each gallon of paint one and one-half to three pints of pure raw 
inseed. oil and one-half to one pint of pure turpentine—enough to cut the gloss. 
Reducing in this manner enables the following coat to adhere more firmly and pre- 
vents crawling. 

Third coat: Add one quart of pure, raw linseed oil for each gallon of paint. 

For old work. — Remove all loose paint. 

First coat: If surface has not been painted for some time and is very porous, add one 
gallon of pure raw linseed oil for each gallon of white. If surface is smooth and hard, 
add three pints of pure raw linseed oil and one pint of pure turpentine. The latter 
o prevent crawling of following coat. 

Second coat: If this is the finishing coat, add one quart of pure raw linseed oil for 
sach gallon of white. If another coat is to be applied over this, add one pint of pure 
'•aw linseed oil and one pint of pure turpentine. 

Stir the white thoroughly before adding oil. When it is of an even consistency from 
;op to bottom add the oil and stir well until properly mixed. Pouring back and forth 
rom one can to another is recommended. 

Caution: The contents of this package are inflammable and must not be exposed 
rear a flame or intense neat. 

Acme White Lead and Color Works, Detroit, Mich., and Boston, Mass., U. S. A. 



22 PEEVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

dont's. 

Don't fail to shellac all knots and sappy places before applying paint. 

Don't apply paint in damp weather or upon green lumber or upon surfaces covered 
with frost, dew, or saturated with moisture, as steam and gases will form and in escaping 
force off the paint. 

Don't apply one coat over another until the under coat is hard all the way through, 
not simply hard on the surface. Take more time and do work that will last. 

Don't stop brushing because paint looks smooth. Rub out thoroughly. 

Don't use boiled linseed oil in New Era paint; use raw, and it must be pure. 

Don't try to cover with one or two coats if three are necessary. Paint applied too 
thick will not stay. 

Don't forget that paint spreads more readily in warm weather. In cold weather 
extra care must be taken to brush out thoroughly. For best results the temperature 
should be between 45 and 80 degrees. 

Don't use ochre priming. The materials in it are usually injurious and will destroy 
the life of after coats of pure paint. To insure durability the foundation must be of 
consistent quality. 

PERFECT FINISHES FOR ALL SURFACES. 

If it's a surface to be painted, enameled, stained, varnished, or finished in any way, 
there's an Acme quality kind to fit the purpose. For the best results from painting 
and finishing materials insist that the Acme Quality trade-mark be on the label. 



Exhibit 17. 

Harrisons' Green Seal zinc ground in refined linseed oil. Harrison Bros. & Co. 
(Inc.). Paint, colors, varnish, white lead, chemicals. Philadelphia and Chicago. 
Pure H zinc. 

COMPOSITION. 

Zinc oxide (Green Seal; 85 % 

Linseed oil 15 % 



922-1-10 



100' 



Exhibit 18. 

Harrisons' Town & Country paint. Ready for use. For outside and inside surfaces. 
1038. One quart U. S. standard measure. Harrison Bros. & Co. (Inc.). Paint, 
colors, varnish, white lead, chemicals. Philadelphia and Chicago. 1793. H. 
Trade-mark reg. U. S. Pat. Off. 

Composition. 





Total. 


Pigment. 


Vehicle. 


Pigment, 63%: 

White ba^e l 


60 , 

- 


1. fy 




Coloring material - 




Vehicle 37: 

I . inseed oil 


86.59f 


Japan drier 


8.1% 


Asphaltum spirits 








103S-7-1 1 


100% 


100.0% 


100. 0% 



' WHITE I* \si;. 

Basic carbonate —white load 45.295 

Zinc oxide :;- 

Ca'cium carbonate I Paris white) 9. 7 ( ', 

Magnesium silicate (Asbestine) 0.4% 

L038 100.0% 

'COLORING MA IKK! \l 
Ochre: 

Ferric oxide 2 

Natural silicates, etc 80% 

Raw umber: 

Ferric ox Ide 47% 

Manganese dioxide ii% 

Natural silicates, etc 

Puro chrome yellow . 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 23 

DIRECTIONS FOR USING HARBISON'S "TOWN & COUNTRY'' PAINT. 

Shake the package well before opening. Stir the contents until thoroughly mixed 
'he surface should be thoroughly dry and free from dust and dirt before any pain 
i applied. 

Cover all knots and sappy places with, pure shellac. 

On new work for priming thin to the proper consistency, using pure, raw linseed oil 
nd a little pure turpentine; after this coat is dry, putty all nail holes and surface 
nperfections. For second coat, thin as above, but do not add as much oil and 
urpentine. For third coat, use as furnished, unless found to be too heavy for brush- 
rig, in which case pure linseed oil only should be added. 

For two-eoat work, follow directions as given for second and third coat. 

Thoroughly brush out the paint. 

Each coat must be thoroughly dry and hard before applying another coat. 

The best results can be obtained by employing a first-class painter. 



Exhibit 19. 

Masury's pure colors. Ground in pure linseed oil. Refined lampblack. War- 
anted superior to any in the market. Manufactured only by John W. Masury & Son, 
sew York. Chicago. Minneapolis, and Kansas City. Beware of imitations. A'one 
enuine unless bearing the signature of John AY. Masurv <fc Son. 

23-6D-F. 

COMPOSITION. 

'aint : 

Pigment M% 

Vehicle 66% 

100,4 
'igment: 

Carbon : 99. 5 C 

Ash —.5% 

100 4 
Vehicle: Boiled linseed oil 100 ( c 

96. 

DIRECTIONS FOR OPENING THE PATENT CAN. 

Pierce the thin tin top near the outer edge with the point of a knife. Then turn 
he knife so that the blade will occupy a horizontal position. The thin tin may 
hen be easilv cut. leaving a smooth ed°:e. 



Exhibit 20. 

Harrisons' Town & Country Paint. Ready for use. For outside and inside surfaces. 
.41. One quart U. S. standard measure. Harrison Bros. & Co. (Inc.). Paint, colors, 
rarnish, white lead, chemicals. Philadelphia and Chicago. 1793. H. Trademark. 
3 veg. U. S. Pat, 019. 



24 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Composition. 



Pigment 54%: 

White base 1 

Coloring material 2 . 
Vehicle 46%: 

Linseed oil 

Japan drier 

Asphaltum spirits. 



141-6-13. 



Total. 



51% 

3% 

41% 

3% 

2% 



100% 



1'igment, 



94. 3% 
5.7% 



100. 0% 



Vehicle. 



89. 2% 
6.5% 

4.3% 



100. 0% 



1 "WHITE BASE. 

Basic carbonate— White lead 30% 

Zinc oxide 56% 

Barium sulphate (Blanc fixe) 12% 

Magnesium silicate (Asbestine) 2% 



141. 



100% 



2 COLORING MATERIAL. 

Ochre: 

Ferric oxide 20% 

Natural silicates, etc 80% 

Burnt sienna: 

Ferric oxide 71% 

Natural silicates, etc 29% 

Manganese dioxide Trace. 

Bone black: 

Carbon 15% 

Natural phosphates 85% 

Lamp black carbon. 

DIRECTIONS FOR USING HARRISONS' "TOWN & COUNTRY" PAINT. 

Shake the package well before opening. Stir the contents until thoroughly mixed . 
The surface should be thoroughly dry and free from dust and dirt before any paint is 
applied. 

Cover all knots and sappy places with pure shellac. 

On new work for priming thin to the proper consistency, using pure raw linseed 
oil and a little pure turpentine. After this coat is dry putty all nail holes and surface 
imperfections. For second coat thin as above, but do not add as much oil and tur- 
pentine. For third coat use as furnished unless found to be too heavy for brushing, 
in which case pure linseed oil only should be added. 

For two-coat work follow directions as given for second and third coat. 

Thoroughly brush out the paint. 

Each coat must be thoroughly dry and hard before applying another coat. 

The best results can be obtained by employing a first-class painter. 



Exhibit 21. 

Radium White. W. W. Lawrence & Company, Pittsburgh. Radium White is 
guaranteed to be a high-grade combination white. The pigmenis arc prepared in 
the proper proportions and carefully mixed and ground in strictly pure refined lin- 
seed oil. Radium White is very white, very fine, and possesses extraordinary cov- 
ering qualities. 

Lead sulfate 21 % 

Zinc oxide 39% 

Barium sulfate 40% 

100% 



Exhibit 22. 

The Lawrence colors. Deep tusean red. Ground in pure linseed oil. W. W. 
Lawrence 1 A: Co.. Pittsburgh, 1 lb. net. The manufacturer's signature is placed 
only on their best brand. \V. \\ . Lawrence A Co. 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 25 

DEEP TUSCAN RED 

rric oxide 26. 00% 

ilcium carbonate 28. 10 % 

arium sulphate 22. 30% 

Uizarine lake 23. 60% 

Total 100. 00 % 

Uizarine lake 25 % 

arium sulphate 75 % 

Total 100% 

Ground in pure linseed oil. 



Exhibit 23. 

The Lawrence colors. Imported Venetian red. Ground in pure linseed oil. W. W. 
awrence & Co., Pittsburgh. 12^ pounds net. The manufacturer's signature is 
laced only on their best brand. W. W. Lawrence & Co. 

NO. 379. IMPORTED VENETIAN RED. 

erric oxide ' 67. 05 % 

luminum oxide 5. 10 % 

alcium sulphate 59 % 

Llica 27. 26 % 

Total 100. 00% 

Ground in pure linseed oil. 



Exhibit 24. 



Patton's sun-proof liquid (Patton's sun-proof paints) paints, 
leasure. Registered in U. S. Patent Office. Outside white, 
filwaukee, Wis.; Newark, N. J. 



One gallon. U. S. 
Patton Paint Co., 



PATTON S SUN-PROOF PAINTS. 



Analysis. 





Pigment. 


Vehicle. 


Total. 


iead carbonate 


39% 
50% 
11% 




24% 


inc oxide 


31% 


ilica and silicates 




7% 


linseed oil 


92% 
8% 


35% 


ipan drier 




3% 








100% 


100% 


100% 



DIRECTIONS. 



Stir paint thoroughly from bottom. Surface must be clean and dry. Shellac knots 
nd pitchy places before painting. Putty nail holes after first coat. Allow ample 
ime for each coat to dry. Brush the paint in well — it lasts longer. 

Priming new work. — Add three pints strictly pure linseed oil and one pint turpentine 
o every gallon. 

First coat old work or second coat new work. — Add one quart strictly pure linseed 
il and one pint turpentine to each gallon. 

For finishing coat. — Use the paint as it comes in the can. 

For inside work. — If the gloss is too high, add a little turpentine. 

O-W. 

Do not prime with ochre. 



2 6 PREVEN Tim \ THE MAN UF ACT C BE P ADULTERATED OIL, ETC. 

Exhibit 25. 

The Lawrence Colors. Medium chrome yellow. Ground in pure linseed oil. W. \Y. 
Lawrence & Co., Pittsburgh. 1 lb. net. The manufacturer's signature is placed 
only on their best brand. W. W. Lawrence & Co. 

No. 354, medium chrome yellow lead chromate, 100 % . Ground in pure linseed oil. 



Exhibit 26. 

Masury's pure colors. Ground in pure linseed oil. 'Prussian blue. Warranted 
superior to any in the market. Manufactured only by John W. Masury & Son, Xew 
York, Chicago, Minneapolis, & Kansas City. Beware of imitations. None genuine 
unless bearing the signature of John W. Masury & Son. 
23-69-F. 

COMPOSITION. 

Paint: 

Pigment - 44 % 

Vehicle 56 % 

100% 

Pigment : Ferric ferrocyanide 100 % 

Vehicle : 

Linseed oil 94% 

Turpentine dryer ' 6 % 

98 100% 

DIRECTIONS FOR OPENING THE PATENT CAN. 

Pierce the thin tin top near the outer edge with the point of a knife. Then turn the 
knife so that the blade will occupy a position horizontal to the top of the can. The 
thin tin can then be easilv cut, leaving a smooth edge. 



Exhibit 27. 

Heath & Milligan Mfg. Co. Best prepared paint. Outside white. Chicago. 

Analysis outside white, one U. S. standard | gallon. 



Total. Pigment 



Lead carbonate i 28. 35% 

Zinc oxide I 28. 35% 

Calcium carbonate 6. 30% 

Linseed oil I 31. 85% 

Turpentine ! 2. 20% 

Japan 2. 20% 

Petroleum spirits 75' ; 

100. 00% 



4595 

45% 
10% 



100% 



Liquid. 



86. 07% 
5. 57% 
5. 57% 
2.79% 



100. 00% 



Exhibit 28. 

The Sherwin-Williams paint. Prepared. Made to paint buildings with, outside 
and inside. One quart U. S. standard measure S. W. P. pure gloss white for outside 
use. The Sherwin-Williams Co., paint and varnish makers. Factories: Cleveland, 
Chicago, Newark, Montreal, London, Eng. Sales TMlices and warehouses in principal 
cities. Cover the earth. P8G G10 1952. Made in l T . S. A. 

S. W. P. GLOSS WHITE. 

Contents of can: 

Pigment by weight 68 % 

Liquid by weight 32% 

100% 
Composition of liquid: 

Linseed oil 92% 

Japan drier and turp 8% 

100% 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 27 

imposition of pigment: 

Lead carbonate 36% 

Lead sulphate 22 % 

Zinc oxide : 42 % 

100% 

$49 IMPORTANT — STIR THOROUGHLY. 

uccess in painting depends upon the use of 'good material carefully applied on a 
oper surface under favorable conditions. The important thing is to know what to 

and how to do it and what not to do and how to avoid it. 
The wide variety of conditions of surface and lumber make it difficult to give any 
finite directions for use which will apply to all cases, and we would therefore prefer 
at consumers consult our pamphlet, ■"The Right Use of Paint.'" which is in the 
nds of every agent and which gives definite directions covering practically every 
quirement. 
The following general directions must, however, always be observed, else best results 

the use of any paint can not be had : 

The paint must be thoroughly stirred. Puttying on new work must not be done 
itil after priming. Old work that is peeling or scaling must be properly scraped 
fore repainting. Paint to be used on soft, spongy, or open surfaces must be thinned 
oerally with pure raw linseed oil with a little pure spirits turpentine for first coats 
id be well brushed in to satisfy the surface, while paint to be used on old, hard, and 
sinous surfaces or for second coat on new work requires the use of less oil and a liberal 
lowance of spirits turpentine to assist in penetration. Coats must not be flowed on, 
lit must be brushed evenly into the surface. Always use 3 coats on new work. 

WHAT TO AVOID. 

ST ever use ochre as a primer. 

Xever paint in wet or frosty weather. The surface must be perfectly dry and free 
om smoke or grease. 

Xever paint over green or sappy lumber. Do not apply second or third coats until 
le under coat is perfectly dry. 

Xever add drier of any kind. 

Avoid the use of wide or flat brushes. Use a round or oval brush instead. With it 
ou can brush out the paint much better and work it into the surface. 

The Chairman. How are the receptacles that contain this spurious 

ad labeled ? 

Mr. Dewar. "White lead 1 ' and "pure white" lead. 

The Chairman. Have you any samples of them here \ 

Mr. Dewah. Yes, sir: that [indicating] contains about 

The Chairman. Wait a minute. You have just handed me here 
rhat appears to be the top of a hundred-pound keg: where did you 
et that \ 

Mr. Dewar. I bought that in the open market. 

The Chairman. What kind of material was in the keg that had 
his top to it ? 

Mr. Dewar. Here is the analysis of the lead. There were about 
,2 

The Chairman. Wait one moment. The analysis appears where? 
fou say that Exhibit 6, which is found on page 96 of this print of 
ixhibit, is the correct analysis of the paint which is contained in the 
eceptacle, the top of which you have handed me here ? 

Mr. Dewar. I did not make the analysis myself. 

The Chairman. But you had it made, did you \ 

Mr. Dewar. Yes, sir. 

The Chairman. Who by \ 

Mr. Dewar. By Prof. Ladd, commissioner of the Agricultural Col- 
ege of North Dakota. 

The Chairman. Is he a competent chemist \ 

Mr. Dewar. He is. 



28 PREVENTING TH B MANUFACTURE OF ADULTERATED OIL, ETC. 

The Chairman. The top of this keg is branded as follows: " Bridge 
port Standard 100 Lbs., White Lead, The Bridgeport Wood Finishing 
Company, New Milford, Connecticut." The top of the, keg will b< 
marked " Exhibit 29." Have you any more of this sort of material 

Mr. Dewar. No, sir; not with us. 

The Chairman. Have you anything further that you desire to say 

Mr. Dewar, I want to say that I find in the literature of the Agri 
cultural Department that turpentine on investigation there is founc 
to be adulterated to the extent of from 6 to 70 per cent with minera 
spirits. 

The Chairman. What proportion is so adulterated ? Is it just 
occasionally some that you find, or is it general for adulteration t< 
be resorted to ? 

Mr. Dewar, With the master painters it is a usual occurrence to 
find it adulterated. In fact, I myself in the purchase of turpentine 
m the open market make the manufacturer give me a special guaranty 
that it is strictly pure turpentine. 

The Chairman. That still does not answer the question. Of 
course, you can say that turpentine is adulterated— that it runs all 
the way from pure to 1 per cent of turpentine, for instance. That 
might be true, and still 99 per cent of it might be absolutely pure 
turpentine— that is, 99 per cent of the entire bulk sold. What I am 
trying to get at is, what proportion of the bulk that is sold is adul- 
terated to a greater or less extent ? 

Mr Dewar. Commercial turpentine, 75 per cent, I should say, as 
found on the market. 

The Chairman. Now, when you have this adulterated turpentine 
what is it adulterated with ? 

Mr. Dewar. With mineral spirits. 

The Chairman. What is the effect of the adulteration on the dura- 
bility and usefulness of the article ? 

Mr Dewar. The mineral spirit may be benzine, a by-product from 
petroleum, and there may be such a large quantity of petroleum in 
it that it will keep the paint from drying, and it would become of a 
s°ggy, tacky substance, where the action of the sun and water upon it 
will cause it to blister and peel off. 

The Chairman. What other things are used as adulterants ? 

Mr. Dewar, Linseed oil 

The Chairman. No; stick to turpentine. You spoke of benzine 
as an adulterant. What other things are used as adulterants ? 

mT' 5 EWAR ' * rea % ^° not kllow of an y ot her than mineral spirits. 

The Chairman. Now come to linseed oil. 

Mr. Dewar. I have purchased myself in the market linseed oil 
that would be adulterated as high as 60 per cent with mineral oil. 
and yet the package would be marked "-Pure Linseed Oil." 

The Chairman. What proportion of the linseed oil do you under- 
stand and believe, from your experience, is adulterated ( 

Mr. Dewar. Well, it, is pretty hard to state. I should say at least 
35 per cent. 

The CHAIRMAN. And what do (hey adulterate linseed oil with > 

Mr. Dewar. They adulterate linseed oil with petroleum oil, fish 
oi! ; corn oil, and there arc a number of things but those are the prin- 
cipal adulterants, and you and I, Senator, by looking at it and smell- 
ing it, can not tell that it is adulterated. 



PREVENTING THE MANUFACTUBE OF ADULTERATED OIL, ETC. 29 

The Chairman. What effect do these adulterants have upon the 

efulness and durability of linseed oil? 

Mr. Dewar. They cause the paint very shortly to disintegrate 

d break down. 

The Chairman. All you are asking now is that when you go and 

Ly paints or oil or turpentine, that they shall be honestly branded, 
ating just what the particular article is, so that you will know 

lat you are buying ? 

Mr. Dewar. Exactly. 

The Chairman. You are willing that they shall sell all the adul- 
rated and mixed stuff they want to, but you want them to sell it 

that the man who buys it will know what he is getting ? 

Mr. Dewar. That is the whole sum and substance of the matter. 

The Chairman. Now, whom do you represent ? 

Mr. Dewar. The committee here represents the National Asso- 
ation of Master House Painters and Decorators of the United 

ates. 

The Chairman. How many members has that association ? 

Mr. Dewar. Very nearly 2,000. 

The Chairman. Where are they located — all over the United 
tates ? 

Mr. Dewar. All over the United States; yes, sir. 

The Chairman. Why are they interested in it? 

Mr. Dewar. Because of their experience with adulterated paints 
Ley are very much interested. For eight years we have tried to have 
bill passed through Congress to protect the consumers against the 
lulteration that has been rampant. 

The Chairman. Also, I presume, to protect yourselves. If you 
nt on a bad job of paint and it does not turn out well, you some- 
mes have complaints, do you not ? 

Mr. Dewar. I speak of myself as a consumer. 

The Chairman. Is there anything else you desire to say? 

Mr. Dewar. No, sir; you have stated in a nutshell the intent of 
lis bill, that we, as master painters, and the public generally will 
low what we are buying, and the farmer, as he goes into the market 

buy his paint, will know that he is buying a pure article, or that 
$ will know what he is buying; that his linseed oil is not 30 per cent 
ineral oil, and if he wants lead, that he is not buying barytes. 

(Mr. Dewar was thereupon excused.) 

The Chairman. Gentlemen, we have 15 minutes left for this hear- 

g- 

Senator Kenyon. What about the other gentlemen present? 

Mr. Dewar. They will cover about the same ground, I think. 

Mr. Macnichol. I think Mr. Dewar has covered all there is to be 

id. 

The Chairman. You are a master painter, are you? 

Mr. Macnichol. Yes, sir. 

The Chairman. You have heard the testimony that has been given 

re? 

Mr. Macnichol. Yes, sir. 

The Chairman. Do you agree with it? 

Mr. Macnichol. Yes, sir. 

The Chairman. You think it is a correct statement of the situation ? 

Mr. Macnichol. I think it is a very fair statement; yes, sir. 



30 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

The Chairman. You live here in Washington, do you ( 

Mr. Macnichol. Yes, sir; I do. . 

The Chairman. How many years have you been a master painter 

Mr. Macnichol. Over 43 years. 

The Chairman. As to this adulteration, is it on the increase o 
decrease \ 

Mr. Macnichol. I think it is on the decrease. 

The Chairman. When did it begin ? 

Mr. Macnichol. It started when this agitation started, eight o 
nine years ago. 

The Chairman. When did adulteration begin to any market 
degree ? 

Mr. Macnichol. With the beginning of making manufacture* 
paints, prepared paints. 

The Chairman. That is, paints that are alreadv mixed, in cans ? 

Mr. Macnichol. Yes, sir; 1 think so. 

The Chairman. Prior to that time you used to get white lead ii 
dry form, did you not ? 

Mr. Macnichol. Senator, my knowledge of paint can not go bad 
that far. It is only since I have been a member of this committe( 
that I have been able to dip into the business and give it the turn 
necessary to find out what I was buying and what were the paint 
ingredients. 

The Chairman. You say since the manufacture of paint was madi 
necessary — you said that a minute ago — since the making of manu- 
factured paint. Do you mean by manufactured paint paint that is — 

Mr. Macnichol, That is ready-mixed paint. 

The Chairman. Now, before the use of this ready-mixed paint ii 
what form did you get your paint ? 

Mr. Macnichol. We used to buy the oil and turpentine and othei 
ingredients. 

The Chairman. When they began to make it as mixed paint, thejj 
began to really mix it with other things, did they 1 

Mr. Macnichol. It was born as an abortion, I believe, of the 
national paint business or of the carbonated lead business. My 
knowledge of the paint business does not go back so very far, thai 
is, as to ingredients and other compositions. 

Senator Kenyon. What about these other gentlemen here \ Are 
they from different States ? 

STATEMENT OF MR. GEORGE BUTLER, PHILADELPHIA, PA. 

Mr. Butler, Mr. Chairman, I am from Philadelphia. My name 
is George Butler. 

The Chairman. What is your business? 

Mr. Butler. I am a master painter. 

The Chairman. How long have you been a master painter ] 

Mr. Butler. About 48 years, man and boy. 

The Chairman. Von heard the testimony that was given here. Is 
n a fair statement of the case I 

Mr. Butler. It is a fair statement, and 1 think the whole matter 
was covered, according to my view, by what you said. What we 
want is an opportunity for a man to know what he is going to buy 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 31 

The Chairman. I know .that is what you want, but I am not inter- 
red in that just now. I want to know if what has been said is a 

ir statement of the case. 

Mr. Butler.. That covers the ground. 

The Chairman. I am interested in the question whether or not 
ou agree with what has been said. 

Mr. Butler. I agree with what Mr. Dewar has said. 

The Chairman. Do you agree with Mr. Dewar' s statement of facts ? 

Mr. Butler. Yes, sir. 

The Chairman. That has been your experience ? 

Mr. Butler. Yes, sir. 

The Chairman. Your experience bears out his statement, does it ? 

Mr. Butler. Yes, sir. 

The Chairman. We can hear Mr. Russell. 

TATEMENT OF GEORGE E. RUSSELL, OF WASHINGTON, D. C. 

The Chairman. Mr. Russell, where do you live ? 

Mr. Russell. In Washington, D. C. 

The Chairman. Are you a master painter ? 

Mr. Russell. Yes, sir. 

The Chairman. For how many years have you been a master 
ainter ? 

Mr. Russell. For about 44 years. 

The Chairman. Do you agree with the testimony and the state- 
lent of facts that have been made here ? 

Mr. Russell. Yes, sir. 

The Chairman. Mr. G. B. Heckel will be heard now. 

The Chairman. You are on the other side of this case, are you not ? 

Mr. Heckel. Yes, sir. I am on the other side. 

The Chairman. Very well; we will take your testimony separately. 

Mr. W. F. Andrews will be heard. 

STATEMENT OF W. F. ANDREWS, OF WASHINGTON, D. C. 

The Chairman. What is your business ? 
Mr. Andrews. I am a master painter. 

The Chairman. How long have you been a master painter? 
Mr. Andrews. About 40 years. 

The Chairman. Do you agree with the statement of facts that has 
»een made here ? 
Mr. Andrews. Thoroughly; yes, sir. 
The Chairman. Mr. McGhan we can hear you now. 

ITATEMENT OF A. H. McGHAN, SECRETARY AND TREASURER 
INTERNATIONAL ASSOCIATION OF MASTER HOUSE PAINT- 
ERS AND DECORATORS. 

The Chairman. Where do you live ? 

Mr. McGhan. In Washington, D. C. I am secretary and treasurer of 
he International Association of Master House Painters and Decorators. 
The Chairman. Are you a master painter? 
Mr. McGhan. Yes, sir. 
The Chairman. How long have you been a master painter? 



32 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Mr. McGhan. Since 1879—36 years. 

The Chairman. Have you had occasion to examine into the ques 
tion of this adulteration of paint '. 

Mr. McGhan. Yes, sir. 

The Chairman. Do you agree with the statement that has beer 
made by Mr. Dewar here as far as concerns the statement of facts \ 

Mr. McGhan. I do; yes, sir. On behalf of the International Asso 
ciation and the different local associations I will say from my know! 
edge that they indorse most heartily what Mr. Dewar has said. 

The Chairman. Mr. Walker, the committee will hear you when wc 
hear the other gentlemen next week. Can you appear before the 
committee % 

Mr. Walker. I will be very glad to come. May I ask how main 
hearings there will be? 

The Chairman. I am going to try to end it in one other hearing, 
am sorry that we can not finish the hearing to-day. 

Mr. Heckel, you can begin. 

STATEMENT OF MR. G. B. HECKEL, 636 THE BOURSE, 

PHILADELPHIA, PA. 

The Chairman. Whom do you represent? 

Mr. Heckel. I represent an association which covers the Unite* 
States. 

The Chairman. What association is it? 

Mr. Heckel. The Paint Manufacturers' Association. 

The Chairman. And you come here representing them I 

Mr. Heckel. Mr. Chairman, I have come here on short notice, 
gathered from the public press that there was to be a hearing. 

The Chairman. That is the only means of notification that any- 
body is supposed to get; there is no other way to notify men, but 1 
did instruct that letters be sent out as far as we had any informatioE 
on the subject. 

Mr. Heckel. I am not criticizing, Senator at all, excepting that 
the people who are interested on the other side to a certain extent 
would like the opportunity to be heard, or to present their side of the 
case. 

The Chairman. Mr. Heckel, you will be given an opportunity on 
next Tuesday — I am putting the hearing off a week on your account. 

Mr. Heckel. I thank you very much for that, Mr. Chairman. 

The Chairman. I am ready to go to-morrow morning or to-night 
but on next Tuesday, in order to give you people a full chance to be 
heard, we will meet here at 10 o'clock. I wish to say to you, how- 
ever, that what I said to these gentlemen applies also to you, that 
what we want is not speeches but factSr 

Mr. Heckel. Yes, sir. 

The Chairman. I do not mean (o say that a, man has got to be 
tongue-tied, but it is a question of getting the facts in condensed 
shape. 

Mr. Heckel. I think we have them. 

The Chairman. Do I understand now that you propose t<> dispute 
these statements that have been made? 

Mr. Heckel. To a. certain extent; yes, sir. 

The Chairman. Do you propose to resist the labeling of your 
articles I 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 33 

Mr. Heckel. The formula label; yes, sir; to the extremity. As 
o the rest of the bill the manufacturers, I think, with very few excep- 
ions wish to see it adopted. 

The Chairman. But you do not want to put on your receptacles 
mat you are selling ? 

Mr. Heckel. The analysis. 

The Chairman. Why? 

Mr. Heckel. One reason is illustrated by the condition of the 
aint industry to-day. Those manufacturers who have labeled with 
olored paints to-day have had to destroy a great many of their 
ibels and print new ones because the goods are not obtainable. If 
hey make changes in the formula, it means that they have got to 
hange the label every time they do it or maintain the same formula 
hey have always used. 

The Chairman. I did not mean to go into the details of the matter. 

simply wanted an outline of your position. You gentlemen are at 
i-berty to come here and you are at liberty to ask any of these gen- 
lemen any questions that you desire to ask now. 

Mr. Heckel. I do not care to ask any questions now. 

The Chairman. If there is nothing further we will adjourn until 
o'clock Tuesday morning, April 11, 1916. 

(Thereupon, at 12 o'clock m., the committee adjourned, to meet at 
o'clock a. m., Tuesday, April 11, 1916.) 

37818—16 3 



ADULTERATED, MISLABELED, OR MISBRANDED LINSEED OIL, 

TURPENTINE, OR PAINT. 



TUESDAY, APRIL 11, 1916. 

United States Senate, 
Committee on Manufactures, 

Washington, D. C. 

The subcommittee met at 10 o'clock a. m., pursuant to adjourn- 
aent, Senator James A. Reed, presiding. 

Present: Senators Reed (chairman), Broussard, and Cummins. 

Also present: Senator William S. Kenyon; Mr. G. B. Heckel; Mr. 

. H. Walker, Bureau of Standards; Mr. J. S. Felton, of Felton, 

ibby & Co., Philadelphia, Pa.; Mr. H. R. Gibbs, of T. H. Nevin Co., 

nd president of tl^e Paint Manufacturers' Association of Pittsburgh, 

>a.; Mr. L. H. Fehsenfeld, of H. B. Davis & Co., Baltimore, Md.; 

Ir. E. D. Gregory, of the Fraser Paint Co. of Virginia and Detroit. 

The Chairman. The committee will resume the consideration of 
he bill (S. 1289) for preventing the manufacture, sale, or transporta- 
ion of adulterated, mislabeled, or misbranded Unseed oil, turpentine, 
•r paint. 

The Chairman. Who is present now who desires to be heard in 
pposition to this bill. 

Mr. G. B. Heckel. I think I shall be the one, Senator. 

Mr. Dewar. After these gentlemen are through I should like to 
ay a few words to the committee. 

The Chairman. The opportunity will be afforded all of you if we 
an allow you the time. 

Mr. Dewar. And may I be allowed to interrogate the gentlemen 
n the other side ? 

The Chairman. Yes. 

STATEMENT OF G. B. HECKEL, SECRETARY PAINT MANU- 
FACTURERS' ASSOCIATION, PHILADELPHIA, PA.— Resumed. 

The Chairman. Mr. Heckel, where do you reside? 

Mr. Heckel. In Philadelphia, Pa. I am secretary of the Paint 
lanufacturers' Association. 

The Chairman. What is the Paint Manufacturers' Association? 

Mr. Heckel. It is an association composed of a majority of the 
aint manufacturers in the United States. 

The Chairman. Have you a list of its membership ? 

Mr. Heckel. Not with me. I have such a list which I can furnish. 

The Chairman. Will you furnish it, sending it to the reporter, 
flaking it a part of vour answer to the question ? 

35 



36 PREVENT l.\<i THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Mr. Heckel. I will: yes, sir. Also of the International Varnish 
Manufacturers' Association. 

The Chairman. Arc you secretary of the International Varnish 
Manufacturers' Association '. 

Mr. Meckel. Yes, sir. 

The Chairman. What composes its membership? 

Mr. Heckel. The varnish manufacturers of the United States. 

The Chairman. How many of them are there? 

Mr. Heckel. Seventy-six. 

The Chairman. How many are there in the United States? 

Mr. Heckel. It totals, large and small, about 150. 

The Chairman. Will you also furnish at this point a list of the 
members of the Varnish Manufacturers' Association '. 

Mr. Heckel. I will. 

(The lists of membership referred to are as follows:) 

MEMBERS OF THE PAINT MANUFACTURERS' ASSOCIATION OF THE UNITED STATES. 

Acme White Lead and Color Works. 17 K) St. Aubin Avenue. Detroit. Mich.; ah 
Lincoln, Nebr. 

Adams & Elting Co., 716 Washington Boulevard, Chicago. 111. 

Allentown Manufacturing Co., Allentown, Pa. 

American Paint Works, 434 Josephine Street, New Orleans ha. 

Arco Co., The, Euclid Avenue and East Sixty-fifth Street. Cleveland. Ohio. 

Bass-Huetei" Paint Co., 816 Mission Street, San Francisco. Cal. 

Billinsrs-Chapin Co., 1163 East Fortieth Street, Cleveland. Ohio. 

Blatz Paint & Varnish Co., Val., 319 South Shelhy Street, Louisville. Kv. 

Blood & Co., T. L., 413 Wacauta Street. St. Paul. Minn. 

Boydell Bros.' White Lead & Color Co., 16 Ohamplain Street. Detroit. Mich. 

Bradley & Vrooman Co., 2629 Dearborn Street, Chicago, 111. 

Bridgeport Wood Finishing Co.. New Milford, Conn. 

Briggs & Co.. John, 45 Purchase Street. Boston, Mass. 

Buckeye Paint. & Varnish Co., Fifteenth and Lucas Streets, Toledo, Ohio. 

Buffalo Oil, Paint & Varnish Co., 1317 Elk Street, Buffalo, N. Y. 

Burdsal, A., Co., 102 South Meridian Street, Indianapolis, Ind. 

Burgess, Fobes & Co., Portland, Me. 

Cabot, Samuel (Inc.), Ill Milk Street, Boston, Mass. 

Campbell Paint & Class Co., Main and Gratiot Streets, St. Louis. Mo.; also Kansas 
City, Mo. 

CaWley, (lark & Co.. 278 Passaic Street. Newark. X. J. 

Che< smarj & Elliot, 100 William Street, New York. 

Chicago White Lead A: Oil Co., 1136-1458 South Western Avenue. Chicago, 111. 

Childs, C. M.. & Co.. 99 Johns Street, New York. 

Chilton Painl Co., College Point, Long Island. X. Y. 

Colonial Works, 233 Norman Avenue, Brooklyn, X. Y. 

I onn< n Painl Mam Eacti ring Co., William, 675 River Street, Troy, X. Y. 

Cool-. < R . Painl Co., Twenty first and Broadway, Kansas City, Mo. 

Davis Co., II. B., Keyser Building, Baltimore, Md. 

Dean A Barry Co., 296 Water Street, Columbus, Ohio. 

Debevoise Co., The, 968 Grand Street, Brooklyn, X. Y. 

I'« noii Graphite Co., L0 Twelfth Street, Detroit, Mich. 

Devoe, I'. W., A C. T. Etaynolds Co., L01 Fulton Street, New York, N. Y., also 
i i 16 Wesl l ake Street, < hicago, 111. 

I »o/ior A ( oi\ Painl ' o . JacKsom Llle, Fla. 

Eagle Painl A Varnish Co., 225 Galveston Avenue, Pittsburgh, Pa. 

Eberson I indsej Painl Co., Nineteenth and Morgan Streets, St. 1 ouis, Mo. 

Enterpri e Painl Manufacturing Co., Peoria and van Buren Streets, Chicago, 111. 

Farweil, Osmun, Kiri a ( <>., Second and Jackson Streets, St. Paul, Minn. 

Felton, Siblej A Co., Fourth and ( herry Streets, Philadelphia, Pa. 

Forest I it> rami a varnish Co., 3334 Lakeside Avenue, Cleveland, Ohio. 

! ( rman, Ford a < o., 1 1 1 South Seci nd Street, Minneapolis, Minn. 

Foy Painl I o., Gilbert Avenue and Park Entrance, Cincinnati, Ohio. 

Fuller A < o., W P . Pine and Front Streets, San Francisco, * al, 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 37 

Gilman Paint & Varnish Co., Chattanooga, Tenn. 

Hanline Bros., 23 South Howard Street, Baltimore, Md. 

Hanna Paint Manufacturing Co., Ill East Long Street, Columbus, Ohio. 

Hardy Paint & Varnish Co., Oakwood Avenue and Hoag Street, Toledo, Ohio. 

Harrison Bros. & Co. (Inc.), 3500 Gray's Ferry Road, Philadelphia, Pa. 

Heath & Milligan Manufacturing Co., 1837 Seward Street, Chicago, 111. 

Hirshberg, Hollander & Co., 108 Pratt Street, Baltimore, Md. 

Howell & Co., Charles H., 214 Race Street, Philadelphia, Pa. 

Imperial Varnish & Color Co., The, 8-20 Morse Street, Toronto, Canada. 

International Color & Chemical Co., 810 Union Trust Building, Detroit, Mich. 

Irvin, Jewell & Vinson Co., Dayton, Ohio. 

Johnson & Co., Oliver, 24 Custom House Street, Providence, R.I. 

Johnston Paint Co., R. F., 226 Main Street, Cincinnati, Ohio. 

Kay & Ess Co., Dayton, Ohio. 

Kohler-McLister Paint Co., 1621 Araphoe Street, Denver, Colo. 

Kurfees Paint Co., J. F., 118 East Market Street, Louisville, Ky. 

Lampton, Crane & Ramey Co., Fifteenth and Lvtle Streets, Louisville, Ivy. 

Laurence & Co.. V\ T . W.. East C arsons Street, Pittsburgh, Pa. 

La .--. rence-McFadden Co., 1400 Frankford Avenue. Philadelphia, Pa. 

Le is, John T., & Bros., Co.. Lafayette Building. Philadelphia. Pa. 

Long, Charles R., Jr., & Co., 622 East Main Street, Louisville, Ky. 

Longman & Martinez, 207 Pearl Street, Ne - York, N.Y. 

Louisville Lead and Color Co. (P-G Co.), Fifteenth and Lytle Streets, Louisville, 

v. 

Lucas, John & Co. (Inc.), 322 Race Street, Philadelphia. Pa.: also 1336 West Thirty- 
eventh Street. Chicago. 111. 

Marietta Paint and Color Co.. Marietta. Ohio. 

Martin-Senour Co., 2520 Quarry Street. Chicago, 111. 

McMurtrv Mfs;. Co.. 1533 Arapahoe Street. Denver. Colo. 

Masury & Son, John W.. 44 Jay Street, Brooklyn. N.Y. 

McPhee & McGinnitv Co.. Twenty-third and Blake Streets. Denver. Colo. 

Miami Valley Paint Co., 118 East Third Street. Dayton. Ohio. 

Minnesota Linseed Oil Paint Co.. 1111 South Third Street. Minneapolis, Minn. 

Moore & Co., Benjamin. 231 Front Street. Brooklyn. N. Y.: also 409 Green Street, 
Chicago, 111.; also 1322 Marquette Avenue, NE.. Cleveland. Ohio. 

Moser Co.. The Charles. 215 East Ninth Street. Cincinnati. Ohio. 

Mound City Paint & Color Co., 1511 North Eleventh Street, St, Louis, Mo. 

Nevan Co.. The T. H.. Island and Preble Avenues. Pittsburgh. Pa. 

New England Oil, Paint, & Varnish Co., Everett Station, Boston, Mass. 

Nice. Eugene E., 272 South Second Street. Philadelphia, Pa. 

O'Neil Oil & Faint Co.. 297 East Water Street, Mil aukee. Wis. 

Patek Bros., Mil aukee. Wis. 

Patton Paint Co.. 217 Lake Street. Milwaukee, Wis.; also foot of Chester Avenue, 
Newark, N. J. 

Peaslee-Gaulbert Co.. Louisville. Ky. 

Pecora Paint Co., Fourth and Venango Streets. Philadelphia. Pa. 

Peerless Faint & Varnish Co., 715 Prospect Street. Cleveland, Ohio. 

Phoenix Paint & Varnish Co., 124 Market Street. Philadelphia. Pa. 

Pierce Co.. F. O.. 12 West Broad av. Nev York. N.Y. 

Piatt & Thornburgh Faint Co.. 620 Franklin Avenue, St. Louis. Mo. 

Popplein, G. & N., jr., 220 North Street, Baltimore, Md. 

Prince Paint Co., James H., 7 Lancaster Street, Boston, Mass. 

Richmond Bros., 117 East Sixth Street, Cincinnati, Ohio. 

Sargent Paint Co., 502 Massachusetts Avenue, Indianapolis, Ind. 

Sewall Paint & Glass Co., 1009 West Eighth Street, Kansas City, Mo. 

Shoemaker & Co., Robert, Fourth and Race Streets, Philadelphia, Pa. 

Smith, Edward & Co., West Avenue and Sixth Street, Long Island City, N. Y. 

Southern Paint & Varnish Co., 39 East Alabama Street, Atlanta, Ga. 

Stockton Paint Co., Stockton, Cal. 

St. Paul White Lead & Oil Co., Water and Starkey Streets, St. Paul, Minn. 

Tanner Paint & Varnish Co., 1419 East Main Street, Richmond, Va. 

Thompson & Co., 1119 Grant Avenue, Pittsburgh, Pa. 

Tremont Paint & Varnish Co., 16 Washington Street, Boston, Mass. 

Trus-Con Laboratories, Detroit, Mich. 

United States Gutta Percha Paint Co., 12 Dudley Street, Providence, R. I. 

Vane-Calvert Paint Co., 1601 North Broadwav, St. Louis, Mo. 

Vilas Bros., 227 Fifth Avenue. Chicago, 111. 



38 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Wadsworth-Howland Co., 219 Carpenter Street, Chicago, 111. 
Wadsworth, Howland & Co. (Inc.), 84 Washington Street, Boston, Mass. 
Waggener Paint & Glass Co., 2004-2006 Grand Avenue, Kansas City, Mo. 
Warren Paint Co., Warren, Ohio. 

Washburne Co., The Ira I)., 1006-1012 Central Avenue, Cincinnati, Ohio. 
Wetherill & Co. (Inc.), George D., 114 North Front Street, Philadelphia, Pa. 
Woolsey, C. A., Paint & Color Co., Grand, Merseles, and Golden Streets, Jersev 
City, N.J. 

Yarnall Paint Co., 1026 Race Street, Philadelphia, Pa. 
Zummach, William F., 281 West Water Street, Milwaukee, Wis. 

MEMBERS OF THE NATIONAL VARNISH MANUFACTURERS' ASSOCIATION, DECEMBER 1, 

1915. 

Akron Varnish Co., 500 South Main Street, Akron, Ohio. 

American Varnish Co., 1138 North Branch Street, Chicago, 111. 

Anglo-American Varnish Co., 53 Johnson Street, Newark, N. J. 

Atlantic Drier & Varnish Co., Meadow and Wolf Streets, Philadelphia, Pa. 

Atlantic Varnish Works (Inc.), 2829 Rocketts Street, Richmond, Va. 

Babcock, John, & Co., 112 Water Street, Boston, Mass. 

Becker, R. A., Varnish Co., 1337 Harrison Avenue, Cincinnati, Ohio. 

Beckwith-Chandler Co., 320 Fifth Avenue, New York, N. Y. 

Berry Bros. (Inc.), foot of Lieb Street, Detroit, Mich. 

Blackburn Varnish Co., Dana and Floral Avenues, Cincinnati, Ohio. 

Bohner's Sons, Joseph, 1093 Metropolitan Ave., Brooklyn, N. Y. 

Boston Varnish Co., Everett, Boston, Mass. 

Bridgeport Wood Finishing Co., New Milford, Conn. 

Buckeye Paint and Varnish Co., Fifteenth and Lucas Streets, Toledo, Ohio. 

Burbank & Ryder Varnish Co., 62 Alford Street, Boston, Mass. 

Caiman, Emil, & Co., 100 William Street, New York. 

Chase-Roberts & Co., Fifth Street and West Avenue, Long Island City, N. Y. 

Chicago Varnish Co., 2100 Elston Avenue, Chicago, 111. 

Cincinnati Varnish Co., C. H. & D. R. R., Boston and South Streets, Cincinnati, 
Ohio. 

Cleveland Varnish Co., 3111 East Eighty-Seventh Street, Cleveland, Ohio. 

Coyne Bros. Varnish Co., Second and Pike Streets, Philadelphia, Pa. 

Crockett Company, The David B., Bridgeport, Conn. 

Devoe, F. W., & C. T. Raynolds Co., 101 Fulton Street, New York. 

Federal Varnish Co., 2847-2849 Irving Park Boulevard, Chicago, 111. 

Felton, Sibley & Co., Fourth and Cherry Streets, Philadelphia, Pa. 

Flint Varnish Works, Flint, Mich. 

Flood & Conklin Co., 136 Chestnut Street, Newark, N. J. 

Forest City Paint & Varnish Co., 3334 Lakeside Avenue, Cleveland, Ohio. 

Fuller, August P., & Co., 432 Fore St., Portland, Me. 

Gillespie, Charles H., & Co., 137 Dey Street, Jersey City, N. J. 

Glidden Varnish Co., Cleveland, Ohio. 

Globe Varnish Co., 6125 Butler Street, Pittsburgh, Pa. 

Gregg Varnish Co., 1511 North Eleventh Street, St. Louis, Mo. 

Hildreth Varnish Co., 90 West Street, New York, N. Y. 

Hotopp Varnish Co., First and Marshall Streets, Hoboken, N. J. 

Imperial Varnish & Color Co. (Ltd.), Toronto, Ontario, Canada. 

Keystone Varnish Co., 71 Otesgo Street, Brooklyn, N. Y. 

Louisville Varnish Co., Fourteenth and Maple Streets, Louisville, Ky. 

Lucas, John, & Co. (Inc.), 322 Race Street, Philadelphia, Pa. 

Masury, John W., & Son, II Jay Street, Brooklyn, N. Y. 

Mayer & Loewenstein, L64 Water Street, New York, N. Y. 

McCloskey Varnish Co., Thirtieth and Locust Streets, Philadelphia, Pa. 

McNamara, Michael, Varnish Works, 780 808 (Mark Avenue, Detroit, Mich. 

Moller & Schumann Co., Marcy Avenue, corner Flushing and Gerry Streets, Brook- 
lyn, N. Y. 

Moore, Benj., & Co., 231 Fronl Street, Brooklyn, X. Y. 

Murphy Varnish Co., Newark, N.J. 

National Varnish Co., L53 Wesl Avenue, Long island City, N. Y. 

Nubian Paiul & Varnish Co., L856 North Fifty-first Street, Chicago, 111. 

Ohio Varnish Co., 8604 Kinsman Road SL., Cleveland, Ohio. 

Parker, C. II., A: Co., Valparaiso, hid. 

Patterson-Sargenl Co.. East Thirty-eighth and St. Clair Streets, Cleveland, Ohio. 



PREVENTING THE MANUFACTURE OP ADULTERATED OIL, ETC. 39 

Phoenix Paint & Varnish Co., 124 Market Street, Philadelphia, Pa. 
Pitcairn Varnish Co., Milwaukee, Wis. 

Pratt & Lambert (Inc.), 79 Tonawando Street, Buffalo, N. Y. 

Queen City Varnish Co., Dana Avenue and Montgomery Road, Cincinnati, Ohio. 
Robbins Varnish Co., 1531 North Eighth Street, St. Louis, Mo. 
San Francisco Pioneer Varnish Co., 816 Mission Street, San Francisco, Cal. 
Seidlitz Varnish Co., Eighteenth and Garfield Streets., Kansas City, Mo. 
Smith, Edw., & Co., West Avenue, Sixth and Seventh Streets, Long Island City, 
I. Y. 
Standard Varnish Works, Elm Park, Port Richmond, Staten Island, N. Y.; 2600 
ederal Street, Chicago, 111. 

Stewart-Mowry Co., 3218 Shields Avenue, Chicago, 111. 
Sun Varnish Co., Louisville, Ky. 

Thibaut & Walker Co., 72 Ninth Street, Long Island City, N. Y. 
Thomson Wood Finishing Co., Third and Poplar Streets, Philadelphia, Pa. 
Thresher Varnish Co., 863 East Monument Avenue, Dayton, Ohio. 
Tousey Varnish Co., 520 West Twenty-fifth Street, Chicago, 111. 
Twin City Varnish Co., 13 South Fifth Street, St. Paul Minn. 
U. S. Varnish Co., .2616 Colerain Avenue, Cincinnati, Ohio. 
Valentine & Co., 456 Fourth Avenue, New York. 

Wadsworth, Howland & Co. (Inc.), 84 Washington Street, Boston, Mass. 
Wetherill, George D., & Co. (Inc.), 114 North Front Street, Philadelphia, Pa. 
Wheeler Varnish Works, The, 2660 Elston Avenue, Chicago, 111. 
Woolsey Paint & Color Co., C. A., Grand Merseles and Golden Streets, Jersey City, 
¥. J. 

Mr. Dewar. Mr. Chairman, the varnish question does not enter 
nto this discussion in any way whatsoever. 

Mr. Heckel. I will say that I am interested in the question of 
urpentine and linseed oil; Mr. Dewar, which appears in this bill. 

Mr. Dewar. But as far as it pertains to paint, they have no stand- 
ng. 
The Chairman. Will you allow me to conduct the examination, as 
desire to get at some preliminaries. I want this gentleman to have 
chance to make his statement and then you may ask him any ques- 
ion you desire. I think that will be the orderly way and the only 
vay in which we should conduct this examination. What is the char- 
icter of this paint manufacturers association; what is it organized for ? 
Mr. Heckel. For improving conditions of the trade and correct- 
ng abuses, largely. It is like other business organizations. It is a 
nember of the Chamber of Commerce of the United States, etc., and 
s well known. 

The Chairman. What is the fact with reference to the Varnish 
Manufacturers Association ? 
Mr. Heckel. The same. 

The Chairman. Have you by-laws ? Is it a complete organization ? 
Mr. Heckel. Yes, sir ; they will be included with, the printed list 
3f names I shall send in. 

(The by-laws referred to above are here printed in full, as follows:) 

BY-LAWS. 

(Revised 1915.) 

NAME. 

Article I. The name of this association shall be the Paint Manufacturers' Asso- 
ciation of the United States. 

OBJECTS. 

Art. II. The objects of this association are to guard and promote the interests of 
hhe paint manufacturers of the United States and to prevent and correct, as far as 
possible, any abuses, evils, or improper practices in the paint business. 



l 



40 PREVENTING THE MANUFACTURE .OF ADULTERATED OIL, ETC. 

CONDITIONS FOR MEMBERSHIP. 

Art. III. Section 1. The membership of this association shall consist exclusively 
of individuals, firms, or corporations manufacturing liquid or paste paints, colors in 
oil, and such other general lines of goods as are usually made in a paint factory, and 
each firm or corporation shall be entitled to but one vote. 

Sec 2. No individual, firm, or corporation shall be eligible to membership until 
they have signed the agreement relative to nonexchange of paints, and the name 
of no individual, firm, or corporation manufacturing paint shall hereafter be added 
to the list of signers of the nonexchange agreement unless said individual, firm, or 
corporation shall have been admitted to membership in the association. 

Sec 3. The board of directors shall pass upon the eligibility of all applicants for 
membership, and on the approval of the board of directors and compliance with the 
requirements of these by-laws, the secretary shall notify the applicant of his admission 
and promptly notify the members of the association of the fact. 

DISQUALIFICATION. 

Art. IV. In the event of a member changing his business to such an extent that 
he is no longer eligible under Article III, his membership shall terminate. The 
question of qualification shall be decided by the board of directors. 

RESIGNATION — EXPULSION . 

Art. V. Section 1. Resignations shall be considered by the board of directors, 
who shall have power to accept or reject by a majority vote. 

Sec 2. By a majority vote of the entire board, either in a meeting or by mail, a 
member may be suspended or expelled for cause; the member thus suspended or 
expelled having the right to appeal from the decision of the board at the next regular 
meeting of the association, which may sustain or reverse the action of the board by 
a majority vote of those present. 

OFFICERS. 

Art. VI. The officers of this association shall be a president, a first vice president, 
a second vice president, a secretary, a treasurer, and an auditor. 

DUTIES OF PRESIDENT. 

Art. VII. Section 1. It shall be the duty of the president to preside at all meetings 
of the association, to perform all the duties usually associated with this office. 

Sec 2. The president shall also have the authority, during the interval between 
the regular meetings of the association, to appoint such special or temporary com- 
mittees as may be deemed advisable. 

DUTIES OF VICE PRESIDENTS. 

Art. VIII. It shall be the duty of the first vice president, or in his absence, of the 
second vice president, to preside at meetings in the absence of the president or, in case 
of disability of the president, to perform all the other duties pertaining to the office of 
president. 

DUTIES OF SECRETARY. 

Art. IX. It shall be the duty of the secretary to keep a record of all the proceed- 
ings of the association and the board of directors, to attend to all details of correspond- 
ence, to invite members to all meetings, and wheirpossible to give at least five days' 
notice in advance thereof. lie shall have charge and control of the records and corre- 
spondence of the association, and at the expiration of his office shall surrender them 
to his successor or to the board of directors whenever demanded. He shall receive and 
record names proposed for membership and communicate the same to the board of 
directors, and on approval of such application shall so notify the applicant and the 
members of the association. 

DUTIES OK TREASURER. 

Art. X. The treasurer shall have charge of the funds of the association and shall 
give bond, to be paid lor by the associat ion and to be approved by the board of direc- 
tors in such amount as the board of directors shall determine, which amount may be 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 41 

Lcreased at any time by vote of the board of directors, said bond to be conditioned 
r the faithful'discharge of the duties of his office, and also that he will deposit all 
oneys received by him and belonging to the association in such depository as may 
b selected by him and approved by a majority of the board of directors, which ap- 
roval shall release him from all liability in regard to the safety of such place or places 
deposit. He shall pay all proper charges of the association by check or voucher and 
lall also keep in proper form an account of the moneys received and expended, and 
; the end of each fiscal year his accounts, vouchers, etc., shall be duly submitted at 
le annual meeting to the auditor of the association. 

DUTIES OF AUDITOR. 

Art. XI. It shall be the duty of the auditor to audit the accounts of the treasurer 
resented to the annual meeting of the association, and he shall render a report of 
is audit to the president during the meeting. 

BOARD OF DIRECTORS. 

Art. XII. There shall be a board of directors, consisting of the president, first and 
econd vice presidents, the treasurer, and four directors. 

DUTIES OF BOARD OF DIRECTORS. 

Art. XIII. The board of directors shall have control of the internal affairs of the 
ssociation, shall appoint the time and place of special meetings, shall pass upon all 
pplicants for membership, and shall have general charge of the policies and activities 
f the association. Thev shall hold such meetings during the year as may appear 
dvisable to them, and shall hold an annual meeting either before or during the annual 
leeting of the association. Three members shall constitute a quorum at any regular 
r regularly called meeting. 

INITIATION FEE AND ANNUAL DUES. 

Art. XIV. Section 1. The initiation fee shall be twenty-five ($25.00) dollars, 
'he annual dues shall be twenty-five ($25.00) dollars. Both shall be collected by the 
reasurer. . 

Sec 2 . The annual dues shall be payable m advance during the month of IN ovember. 

Sec. 3. The annual dues shall be collected in full from each member, irrespective 
>f the date of his admission. 

Sec 4. Failure to pay the annual dues before the date of the annual meeting shall 
>e considered equivalent to a resignation, and the name of the member thus failing 
o pay, after two davs' notice, shall be dropped from the rolls of the association. 

Sec 5. Members dropped for nonpayment of dues may be reinstated by a majority 
rote of the board of directors on payment of all dues accrued from the date of last 
>ayment. 

ANNUAL MEETINGS. 

Art. XV. Section 1. The annual meeting of this association shall be held on the 
;hird Thursday after the first Monday of October in each year, alternately in the cities 
)f New York and Chicago; unless otherwise ordered by vote of the association on 
•ecommendation of the board of directors. . . 

Sec 2. Fifteen members shall constitute a quorum at any meeting of the association. 

SPECIAL MEETINGS. 

Art. XVI. Special meetings shall be called by the president on the written request 
of 10 or more members of the association, when such request has been approved by 
;he board of directors. 

ELECTION OF OFFICERS AND DIRECTORS. 

Art. XVII. Section 1. Officers and directors shall be elected at the annual meet- 
jig, to serve for one year, or until their successors are elected. It shall be the duty 
of the president during the first session of the annual meeting to appoint a nominating 
committee of five, who shall, during the last session of the meeting, nominate candi- 
dates for office as follows: 

For president. 

For first vice president. 



42 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

For second vice president. 

For treasurer. • 

For secretary. 

For auditor. 

For directors (four candidates). 

Sec 2. Unless there be good and sufficient reasons to the contrary, the retiring presi- 
dent shall be nominated by the committee for the office of first vice president, and the 
retiring first vice president for the office of second vice president. 

Sec. 3. In case the president is renominated to succeed himself, the first and second 
vice presidents shall be also so nominated, unless there be good and sufficient reasons 
to the contrary. 

STANDING COMMITTEES. 

Art. XVIII. The president shall annually appoint standing committees of not 
fewer than three members each as follows: A committee on fire insurance, a committee 
on transportation, a committee on legislation, a committee on flax development, and 
an educational bureau, to serve for one year or until their successors are appointed. 
The educational bureau shall be appointed during the month of June. 

AMENDMENTS. 

Art. XIX. These by-laws may be amended or suspended by a majority vote of 
those present at any annual meeting, or, on recommendation of the board of directors, 
by a mail vote of a majority of the members of this association. 



BY-LAWS. 



Article I. The name of this association shall be the National Varnish Manufac- 
turers' Association. 

Art. II. The objects of this association are to advance the interests of the varnish 
manufacturers of the United States; to correct, as far as possible, such evils as may 
exist in the business; and to cultivate friendly relations among its members. 

Art. III. The membership of this association shall consist only of manjfacturers 
of varnish, and each firm or corporation shall be entitled to but one vote. 

Art. IV. Section 1. The officers of this association shall be a president, two vice 
presidents, a secretary, and a treasurer, the secretary and the treasurer to be ap- 
pointed by the president. 

Sec 2. The offices of secretary and treasurer may. at the option if the president, 
be combined in one person. 

Art. V. It shall be the duty of the president to preside at all meetings of the asso- 
ciation, to perform all the duties usually associated with this office, and to approve 
and countersign before payment all bills presented to him by the treasurer, and 
checks shall not be issued by the treasurer until such approval and signature has been 
obtained . 

Art. VI. It shall be the duty of the first vice president, or in his absence, of the 
second vice president, to preside at meetings in the absence of the president or in 
case of disability of the president, to perform all the other duties pertaining to the 
office of president. 

Art. VII. It shall be the duty of the secretary to keep a record of all the proceed- 
ings of the association and the board of directors, to attend to aU details of corre- 
spondence, to invite members to all meetings at least five days in advance thereof, 
lie shall have charge and control of the records and correspondence of the association, 
and at the expiration of his office, shall surrender them to his successor, or to the 
board of directors whenever demanded. He shall receive and record names pro- 
posed for membership and communicate the same to the board of directors, and on 
approval of such application, shall so notify the applicant. 

Art. VIII. The treasurer shall have charge of the funds of the association and 
shall give bond, to be paid for by the association and to be approved by the board of 
directors, in such amount as the board of directors shall determine, which amount 
may be increased a I any time by vote of the board of directors, said bond to be con- 
ditioned for the faithful discharge of the duties of his office and the deposit of all 
moneys received by him belonging to the association in such depository as may be 
selected by him and approved by a majority of the board of directors, which approval 
shall release him from all liability in regard to the safety of such place or places of 
deposit. He shall approve i<> the president for payment all proper charges of the 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 43 

sociation by check, which shall be signed by him and approved and countersigned 
the president. He shall also keep in proper form an account of the moneys received 
d expended, and at the end of each fiscal year his accounts, vouchers, etc., shall 
duly submitted, at the annual meeting, to the auditor or auditors appointed by 
e association. 

Art. IX. The board of directors shall consist of seven members, of which board 
e president and the vice presidents shall be members. Three directors shall con- 
tute a quorum. 

Art. X. Section 1. The initiation fee shall be ten dollars ($10) per member. . 
Sec. 2. Annual dues of concerns rated $50,000 or less shall be $25 per year; more 
an $50,000 and less than $100,000, $50 per year; $100,000 or over, $100 per year. 
Sec 3. The annual dues of any member shall be paid on that portion of the rated 
pital employed in the varnish end of said member's business. 1 
.\rt. XI. Section 1. The annual meeting of this association shall be held during 
e fall of each year — the specific date and place of meeting to be determined by the 
ard of directors. 

Sec 2. An attendance of 15 shall be necessary to constitute a quorum, j, 
Art. XII. Special meetings may be called by the president on the written request 
10 or more members of the association when such request has been approved by 
e board of directors. 

Art. XIII. The election of officers shall be held each year at the regular annual 
eeting. During the first session of the annual meeting it shall be the duty of the 
esident to appoint a committee of five to nominate officers for the ensuing year. 
\ht. XIV. The by-laws of the association may be changed at any meeting of the 
ganization by a two-thirds vote of the members present. 

The Chairman. Do you appear here by authority of both of those ' 

sociations, and speak for them ? 

Mr. Heckel. I do; yes, sir. 

The Chairman. So that what you say will be authoritative ? 

Mr. Heckel. Officially for those associations; yes, sir. 

The Chairman. Have you read the bill which is now under 
consideration ? 

Mr. Heckel. Yes, sir; I have read the bill carefully. 

The Chairman. You now may make any statement with reference 

it that you desire. I simply make the suggestion that you adhere 

osely to the subject matter because the Senate will convene in an 
our and we must attend the session. 

Mr. Heckel. Yes; I found that out before I came in. I shall try 
be as brief as possible. 

The paint manufacturers — both the paint manufacturers and the 
arnish manufacturers, I think I am safe in stating, approve the 

neral purposes of this bill excepting in a few particulars, in so far 

it tends to the correction of abuses and does not impose an unnec- 
ssary burden or hardship on the manufacturers. I emphasize 
unnecessary." 

I wish to call your attention to two or three things regarding the 
nseed oil and turpentine, first. On page 6 of the bill, beginning on 
ne 5, certain definite standards are set for linseed oil. Now, those 
tandards as set will admit of a great deal of falsification. 

I shall try to be brief. It is possible with a high iodine number 
imerican oil, of 190 I will say, to add quite a large per cent of soya- 
ean oil, which can be added, reducing the iodine number to the 
gure set here or its neighborhood, and it can be sold as Argentine 
nseed oil with very little danger of detection. May I ask Mr. Walker 
' that is not so ? 

Mr. Walker. I think so. 

1 Amendment, 1915. 



44 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Mr. Heckel. The suggestion in connection with that is that 
either the standards of the American Society for Testing Materials 
which are revised as investigation proceed, or the standards that 
shall from time to time be established by the Government authori- 
ties having charge of the enforcement of this bill, should be adopted 
in other words, the linseed oil manufacturers or linseed oil techni- 
cians to-day are in a quandary themselves regarding this matter 
Argentine linseed oil is pure linseed oil. It has usually a low iodine 
number. American linseed oil is also pure linseed oil and has a 
higher iodine number. It is possible to take the low iodine number 
with the high iodine number and add another oil with similar proper- 
ties and produce corresponding figures for the lower iodine number 
oil, and sell it as that. Therefore, the suggestion is that either the 
standards of the American Society for Testing Materials be desig- 
nated, or that the Government authorities that shall have the 
enforcement of this law in charge, be authorized to establish standards 
as the investigation proceeds. 

The Chairman. May I ask a question for my own information ? 
What do you mean by high and low iodine numbers ? 

Mr. Heckel. I think I can explain it without any technicalities, 
at all. The iodine number indicates the oxygen absorbing value of 
the linseed oil on which its pure value as a paint oil depends. If the 
iodine absorption is low it means the power of absorbing oxygen is 
low. If the iodine number is high, it indicates that the power for 
absorbing oxygen is high. That is, roughly speaking, a very close 
index to the value of linseed oil for paint or varnish purposes." 

The Chairman. Now, if I understand you correctlv, the linseed 
oil that will dry quickly would be a linseed 

Mr. Heckel. And satisfactorily. 

The Chairman. And satisfactorily, would be a linseed with a high 
iodine number ? 

Mr. Heckel. That is it exactly. 

The Chairman. And any that does not dry quickly would be the 
converse; that is, it would be one that did not dry rapidlv or satis- 
factorily? F J 

Mr. Heckel. That is it exactly. 

The Chairman. You used the word "iodine." I know nothing 
whatever about the chemical properties of oil. Is that determined 
by the amount of iodine in it? 

Mr. Heckel. No, sir; by the percentage of iodine that the oil 
can absorb under given conditions. That is a test which is capable 
of easy analytical demonstration while the absorption of oxygen 
is very slow. 

The Chairman. So you use iodine for your chemical test of oil? 

Mr. Heckel. As a measure of the value of the oil. 

The Chairman. The amount of iodine that the oil will absorb — 
is that the correct term? 

Mr. Heckel. That is correct. 

The Chairman. By that you can determine the rapiditv with 
which the oil will dry? 

Mr. Heckel. And also the purity of the oil, generally speaking. 
I refer to that because it is very a rigid standard as stated in these 
paragraphs to which I call attention. 

The Chairman. You were saying that you desired to have the 
standards that had been adopted by the paint manufacturers? 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 45 

Mr. Heckel. No, sir; by the American Society for Testing 

aterials. 

Senator Kenyon. Have not those standards been adopted by many 

the States ? 

Mr. Heckel. They have been incorporated into the law of Iowa. 

Senator Kenyon. And Pennsylvania? 

Mr. Heckel. I do not think so; I am not sure about that. 

Mr. Dewar. That is a Pennsylvania bill that it is fashioned after 
le linseed-oil law now in force in Iowa. 

The Chairman. You are getting me away from my question. 

Senator Kenyon. I beg your pardon, Mr. Chairman. 

The Chairman. I wanted the information necessary in order to 
ear this matter up. What is the American Society for Testing 

Materials ? 

Mr. Heckel. It is an organization consisting of technical testing 

gineers and chemists practically all over the United States. 

The Chairman. Have they made up a formula by which to test 
nseed oil ? 

Mr. Heckel. For North American seed oil from North American 

eds. They have not formulated the Argentine specifications as yet 

i boil oil. Those two have been adopted and the formula given out 
nd they are in use all over the United States to-day. 

The Chairman. Can you furnish the committee with a copy of 
■nem ? 

Mr. Heckel. Yes, sir. Mr. Walker was on the committee that 
ormulated those. 

The Chairman. You will furnish that as a part of your answer to 
lis question, will you ? 

Mr. Heckel. I will; yes, sir. 

(The formulas referred to are here printed in full, as follows :) 

.merican Society for Testing Materials, Philadelphia, Pa., U. S. A., affiliated with the International 

Association for Testing Materials.] 

Standard Specifications for Purity of Raw Linseed Oil from North 

American Seed. 

(Serial designation: D 1-15.) 

The specifications for this material are issued under the fixed designation D 1; 
he" final number indicates the year of original issue, or in the case of revision the 
r ear of last revision. 

Adopted, 1913; revised, 1915. 



I. PROPERTIES AND TESTS. 

1. Raw linseed oil from North American seed shall conform to the following require- 
nents: 



Specific gravity at 

or 

specific gravity at 

.\cid number 

Saponification number 
Unsaponifiable matter, per cent 
Refractive index a 25° C 
todine number (Hanus) 




46 PREVKN TING TB E MANUFACTURE OF ADULTERATED OIL, ETC. 

II. METHODS OF TESTING. 

2. The recommended methods of testing are as follows: 

General. — All tests are to be made on oil which has been filtered at a temperature 
of between 60 and 80° F., through paper in the laboratory immediately before weighing 
out. The sample should be thoroughly agitated before the removal of a portion foi 
filtration or analysis. 

Specific gravity. — Use a pyknometer, accurately standardized and having a capacity 
of at least 25 c. c, or any other equally accurate method, making a test at 15°. 5 C 
water being 1 at 15 .5 C, or a test at 25° C, water being 1 at 25° C. 

Acid number. — Expressed in milligrams of KOH per gram of oil. Follow the 
method described in Bulletin No. 107, revised 1908, Department of Agriculture, 
Bureau of Chemistry, page 142. 

Saponification number. — Expressed as with acid number. Blanks should also be 
run to cover effect of alkali in glass. Follow method given in Bulletin No. 107, re- 
vised 1908, Department of Agriculture, Bureau of Chemistry, pages 137-138. 

Unsaponifiable matter. — -Follow Boemer's method taken from his Ubbelohde Haud- 
buch Der Ole u. Fette, pages 261-262. "To 100 g. of oil in a 1,000 to 1,500 c. c. Erlen- 
meyer flask add 60 c. c. of an aqueous solution of potassium hydroxide (200 g. KOH 
dissolved in water and made up to 300 c . c . ) and 140 c . c . of 95 per cent alcohol . Connect 
with a reflux condenser and heat on the water bath, shaking at first until the liquid 
becomes clear. Then heat for one hour with occasional shaking. Transfer while yet 
warm to a 2,000-c. c. separatory funnel to which some water has been added, wash out 
the Erlenmeyer with water, using in all 600 c. c. Cool, add 800 c. c. of ether and shake 
vigorously one minute. In a few minutes the ether solution separates perfectly clear. 
Draw off the soap and filter the ether (to remove last traces of soap) into a large Erlen- 
meyer and distill off the ether, adding if necessary one or two pieces of pumice stone. 
Shake the soap solution three times with 400 c. c. of ether, which add to the first ether 
extract. To the residue left after distilling the ether add 3 c. c. of the above KOH 
solution, and 7 c. c. of the 95 per cent alcohol, and heat under reflux condenser for 10 
minutes on the water bath. Transfer to a small separatory funnel, using 20 to 30 c. c. 
of water, and after cooling shake out with two portions of 100 c. c. of ether; wash the 
ether three times with 10 c. c. of water. After drawing off the last of the water, filter 
the ethereal solution so as to remove the last drops of water, distill off the ether, dry 
residue in water oven, and weigh." 

Or any accurate method involving the extraction of the dried soap may be used . 

Refractive index. — Use a properly standardized Abbe refractometer at 25° ('., 
or any other equally accurate instrument. 

Iodine number (Hanus). — Follow the Hanus method as described in Bulletin No. 
107, revised 1908, Department of Agriculture, Bureau of Chemistry, page 136. 

Standard Specifications for Purity of Boiled Linseed Oil from North Amer- 
ican Seed. 

(Serial designation: D 11-15.) 

The specifications for this material are issued under the fixed designation D 11; 
the final number indicates the year of original issue, or in the case of revision the year 
of last revision. 

Adopted, 1915. 

I. PROPERTIES AND TESTS. 

1. Boiled linseed oil from North American seed shall conform to the following 
requirements: 



15°.5 
Specific gravity at — — C 

15°.5 

A<id number 

Saponification number 

i 'nsaponifiable mat tei . per cenl . 

Live Index al 25 C 

Iodine number | Hanus) 

\ h, pei '"lit 

Manganese, per cenl 

Calcium, per cent 

pei cenl 



Maximum. 



0.945 

8 
L95 
1.5 

1. 484 



0.7 
"6.3" 



Minimum. 





0.937 


189 


1.479 
ITS 
0.2 
0.03 



0.1 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 47 



II. METHODS OF TESTING. 



2 The recommended methods of testing are as follows: 

General.— The sample should be thoroughly agitated before the removal of a portion 

r analysis. 

Specific gravity— -U se a pyknometer, accurately standardized and having a capacity 
at least 25 cc, or any other equally accurate method, making a test at 15°. 5 C, 

ater being 1 at 15°.5 C. , T ,^ TT . , 1 ,, + u + u i 

Acid number —Expressed in milligrams of KOH per gram of oil. * ollow the metnoci 
jscribed in Bulletin No. 107, revised 1908, Department of Agriculture, Bureau of 
hemistry, page 142. . 

Saponification number.— Expressed as with acid number. Blanks should also be 
m to cover effect of alkali in glass. Follow method given in Bulletin No. 107, revised 
)08, Department of Agriculture, Bureau of Chemistry, pages 137-138 

Unsaponifiable matter—Follow Boemef's method taken from his Ubbelohde Hand- 
uch Der Ole u. Fette, pages 261-262. "To 100 g. of oil in a 1000 to 1500 cc. Erlen- 
eyer flask add 60 cc. of an aqueous solution of potassium hydroxide (200 g. KOH 
Lssolved in water and made up to 300 cc.) and 140 cc. of 95 per cent alcohol. Coll- 
ect with a reflux condenser and heat on the water bath, shaking at first until the 
quid becomes clear. Then heat for one hour with occasional shaking. Transfer 
hile yet warm to a 2000 cc. separatory funnel to which some water has been added; 
ash out the Erlenmeyer with water, using in all 600 cc. Cool, add 800 cc. of ether, 
ad shake vigorously one minute. In a few minutes the ether solution separates per- 
ctly clear & Draw off the soap and filter the ether (to remove last traces of soap) into 
laro-e Erlenmever and distill off the ether, adding if necessary one or two pieces of 
umice stone Shake the soap solution three times with 400 cc. of ether, which add 
) the first ether extract. To the residue left after distilling the ether add 3 cc. of the 
bove KOH solution, and 7 cc. of the 95 per cent alcohol, and heat under reflux con- 
enser for 10 minutes on the water bath. Transfer to a small separatory funnel, using 
to 30 cc of water, and after cooling shake out with two portions of 100 cc. of ether; 
ash the ether three times with 10 cc. of water. After drawing off the last of the 

ater filter the ethereal solution so as to remove the last drops of water, distill off the 
ther, dry residue in water oven, and weigh." 

Or any accurate method involving the extraction of the dried soap may be used. 

Refractive index— Use. & properly standardized Abbe refractometer at 25° C. or any 
ther equally accurate instrument. , . . 

Iodine number (Hanus).— -Follow the Hanus method as described in Bulletin JNo. 
07 revised 1908, Department of Agriculture, Bureau of Chemistry, page 136. 

Ash.— The determination of the percentage of ash and the constituents thereof may 
e made by any method which gives accurate results. 

The Chairman. You state that they have not as yet produced a 
ormula for the examination of Argentine oil. 

Mr. Heckel. For the examination the formula is precisely the 
ame as for any other linseed oil, but the difficulty indicated in my 
larlier answer has not yet been overcome by this committee. 

The Chairman. What is that difficulty ? 

Mr. Heckel. The difficulty of determining whether an oil showing 
i low iodine number is pure or adulterated. 

The Chairman. How is a standard to be prescribed for that class 

>f oil ? i „ _ 

Mr. Heckel. The committee, who are expert lmseed-oil chemists 
ire at work on the subject at the present time. The investigation 
las been going on for about four or five years. 

The Chairman. Now, if I understand you, you want this com- 
nittee to amend the bill so that for the examination of North Amer- 
can oils it shall set up the standard which has been produced by the. 
issociation that you sneak of ? 

Mr. Heckel. Yes, sir. 

The Chairman. And for South American oils, what is your sug- 
gestion about that ? 



48 PREVKXTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Mr. Heckel. My suggestion, Senator, is that you are up against 
the same problem that they are. I would suggest that that be left 
with the department. 

The Chairman. That is, you would amend this bill so that the 
standards should be from time to time fixed by the Department of 
Agriculture — is that where this bill goes ? 

Senator Kenyon. Yes. 

Mr. Heckel. No; the Bureau of Standards. 

The Chairman. The Bureau of Standards ? 

Mr. Heckel. Yes, sir. 

Senator Cummins. What is the Hanus number ? Is that some 
acknowledged standard ? 

Mr. Heckel. That is the latest and most highly approved method. 
Hanus is a chemist's name, and it is the latest improved method of 
obtaining the highest iodine number, believed to be more accurate 
than the previous method. 

Senator Cummins. Is the standard prescribed in the bill — being 
in line 8 on page 7 — high or low? That is 160. 

Mr. Heckel. Shall I read you the standards that are in the Ameri- 
can Society's regulations ? 

Senator Cummins. Yes. 

The Chairman. Where are you reading now ? 

Mr. Heckel. I am reading " specific gravity" on page 6, line 3. 

Senator Cummins. I do not ask for all the standards, but the stand- 
ard of iodine absorption beginning on line 8, page 7. Is that high 
or low? 

Mr. Heckel. It reads in this way: " Third. Its Hanus iodine 
absorption number shall not be less than 160." 

The American Society for Testing Materials' standard is 180, and 
it has been suggested by an expert in this line that the Government, 
if it is going to fix the number, should fix the number at 178. 

Senator Cummins. Does that mean a better oil or a purer oil 
than is named under the standard prescribed in this bill? 

Mr. Heckel. It means a better oil from that point of view. 

Senator Cummins. That is, it grows better as its iodine absorption 
grows greater ? 

Mr. Heckel. It grows probably more pure, at least. 

Senator Cummins. What is the "saponification" value? I do not 
understand that. 

Mr. Heckel. The saponification value is an indication of the com- 
position of the oil. That is rather complicated. All oils are com- 
pounds of fatty acids with glycerine, and in the making of soap a 
mineral acid of potash or soda replaces the glycerine — I mean mineral 
alkalies are used to replace glycerine, in combination with the fatty 
acids, and that forms soap. The glycerine is expelled and soap is 
produced. Now the saponification number indicates the fatty acid 
content of the oil, or the replaceable glycerine. 

Senator Cummins. That is, the condition has reference to its value 
for making soap rather than to making paint? 

Mr. Heckel. Well, no. Each oil has its own peculiar acid num- 
ber. It is also a concurrent test as to purity. 

Senator Cummins. Has the society of which you speak also a 
standard with respect to saponification? 

Mr. Heckel. Yes, sir; all these characters are standardized in 
their specifications. 



PKEVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 49 

Senator Cummins. What is the number? 

Mr. Heckel. The saponification number ? 

Senator Cummins. Yes; in your society. 

Mr. Heckel. The low figure is 189 and the high figure is 195 for 
nseed oil. 

Senator Cummins. That is practically the same as is named in the 
111? 

Mr. Heckel. No; 188, that is quite a little difference. 

Senator Cummins. One hundred and eighty-seven it is here — " shall 
ot be less than 187 or more than 195." 

Mr. Heckel. You are speaking now 

Senator Cummins. I am speaking of the saponification value. 

The Chairman. You did not read it as I have it here. It says, 
shall not be less than 188." What are you reading from? 

Senator Cummins. I am looking on page 6, line 11. 

Mr. Heckel. That is the high number. It says, "shall not be less 
lan 187 nor greater than 195." The low number in that case, set by 
tie American Society for Testing Materials, is 189. 

The Chairman. So you suggest, do you, that it be raised to 189 in 
ne 12 of page 6 ? 

Mr. Heckel. I suggest that if figures are given, those figures as sug- 
ested by the American society should be used; but I think, Senator, 
hat in a Federal bill like this it is unsafe to prescribe figures which 
lay be changed from time to time and which even now apply to only 
ne grade of linseed oil, the American product. Therefore I think it 

ould be far safer either in a general way to refer to the standard speci- 
cation of the American Society for Testing Materials, just as the 
Jnited States Pharmacopoeia is referred to in other acts, or to intrust 
o the Bureau of Standards the formulation of the standard require- 
lents. 

Senator Cummins. Is it your suggestion that there should be two 
tandards with respect to these various values — one for domestic oil 
nd one for South American oil ? 

Mr. Heckel. That will be the final outcome of the American So- 
le ty for Testing Materials. Therefore, considering the difficulty — 
nd it is a real difficulty — I should think that the safest plan would be 
o intrust the standardization to the Government office having 
large of the matter. 

The Chairman. Is this Argentine oil — which you say has a low 
)dine number — as good an oil as the North American oil ? 

Mr. Heckel. It is not generally so considered. 

The Chairman. Then, if oil is sold as linseed oil, and is Argentine 
il, that ought to appear on the package, ought it not ? 

Mr. Heckel. You are attempting to revise a whole industry in 
hat suggestion. The American seed is crushed as available. The 
verage consumption is about 25,000,000 bushels a year. The pro- 
uction sometimes exceeds that quantity. In the last two years it 
as been only fourteen or fifteen or sixteen million bushels. That 
efioit must be made up when it occurs by the importation of foreign 
axseed and the mills run indifferently on the imported flaxseed and 
le domestic flaxseed. In other words, they manufacture pure lin- 
eed oil but they manufacture it from the seed whether from abroad 
r from the United States. All of the American crop is consumed,. 

37818—16 4 



50 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

and it is only when the American crop gives out that the foreign seed 
is used. 

The Chairman. Now, we will say here is a man who wants to buy 
some paint and some oil. One dealer in the market has American oil. 
We have passed a bill requiring the high iodine test for American oil. 
We have passed a bill providing a low iodine test for South American 
oil 

Mr. Heckel. Argentine oil. 

The Chairman. Now, one dealer lias one kind of oil and another has 
another. In order that the North American oil, which is assumed in 
this question to be the superior oil — should not be at a disadvantage 
with the inferior oil from Argentina, should there not be something on 
the package to indicate what kind of oil it is that is being sold ? 

Mr. Heckel. That is a very drastic regulation to introduce into a 
Federal law, Senator. 

The Chairman. Why is it drastic ? 

Mr. Heckel. It means the reorganization of the entire industry. 
That seed comes from as far west as your own State (Missouri) some- 
times when market conditions are favorable — it comes farther west, 
Minneapolis and Chicago sometimes. The freight is against it, of 
course. Now, it is not regarded in manufacture as an inferior oil. 
It merely requires an allowance for that fact, that the absorption 
power is always 

The Chairman. What kind of an allowance do you mean ? 

Mr. Heckel. An allowance in manufacture and materials used 
with it. 

The Chairman. Well, does it take greater or less material to be 
used with it ? 

Mr. Heckel. It takes usually, I should say, a little more. 

The Chairman. That makes it then an oil that has not as many 
uses or as high uses as the other oil. 

Mr. Heckel. Technically, there is no distinction made between 
them in practical use. There is no one, I think, who knows whether 
there is or is not a difference in the value of the two oils. 

The Chairman. Could we get at it in this way, that there should 
be branded on every receptacle the iodine number test, without 
specifying what that test shall be — that the iodine test shall be 
there, and that it shall certify that it is pure oil ? 

Mr. Heckel. Supposing, as dealers do, that the barrel is empty of 
the oil that it originally contained and other oil is then placed in it, 
or suppose the oil is shipped, as it commonly is, to large consumers 
in tank cars and then placed into the barrels that they have at hand. 

Senator Cummins. But there are other tests, I suppose, that if 
not so important are at least important. 

Mr. Heckel. Yes; the only value of the iodine test that is recog- 
nized in the industry is that it is the determination of the purity, 
and the difficulty is setting a standard like this — allowing no limit 
to anybody who is concerned in the enforcement of the law — is as I said 
in the beginning that it is possible to take that oil with the high 
iodine number and reduce it with other oils, so that it shows the 
lower iodine number and still sells for higher iodine numbered oil. 
Now there are methods of detecting many of these adulterations and 
methods of detecting the others will undoubtedly be discovered. 
The principal point in my mind is to determine whether or not the 



PREVENTING THE MANUFACTURE OP ADULTERATED OIL, ETC. 51 

1 is exactly only linseed oil. That is set forth in the description of 
le linseed oil that it is oil from the seed of a certain plant. 

Senator Cummins. May I ask the chairman a question ? I am not 

miliar with this bill as I have not studied it. Is it the purpose of 
le bill to secure pure oil or to determine the quality of the oil ? 

The Chairman. I suggest that you ask Senator Kenyoh, as he is 
lie author of the bill. 

Senator Kenton. The purpose of the bill is that the shipment is 

show just exactly what is contained. 

Senator Cummins. But what I ask is 

Senator Kenton. There must be certain standards, of course. 

Senator Cummins. I take it there must be a difference in the 
uality of pure linseed oil depending upon the character of the seed 

lelf. Now, is it the intention to guarantee a certain quality of oil 

simply that it is the product of the seed without adulteration ? 

Senator Ken yon. If you will refer to section 6, Senator, you will 
Dserve that it establishes a standard for the purpose of this act and 
lows just what it means. Then, if you will refer back to section 2 

Senator Cummins. I ran across a very particular incident in our 
ure-food law in Hawaii last year. The people of Hawaii can not 
rip honey that is produced down there into tne United States under 
ur pure-food law because it is too sweet and does not conform to the 
bandards that were laid down for pure honey. Although it is the 
ure stuff produced by the bees of Hawaii, they can not bring it in 
ere; they have to send it to Europe. 

The Chairman. Modern progressive legislation does not hesitate to 
Bgulate the habits of insects. [Laughter.] 

Mr. Heckel. I know it does not hesitate to regulate the habits of 
lien. 

The Chairman. Some of the habits of men ought to be regulated, 
he only thing we want to get at, all jesting aside, is a method by 
hich we can secure the sale of an article for what it really is. 

Senator Cummins. Is it not a fact that as to your association that 
ou speak of, your objections are to section 10 of the bill; that is your 
rain objection, is it not ? 

Mr. Heckel. I am speaking for the varnish association, that is 
re main objection — but yet we think we ought to point out to the 
ommittee the danger in this part of the bill also with respect to tur- 
entine. Another thing that I desire to say in passing is that the 
sdine number is limited there in that change to 190. Personally I 
hould think it would be very unwise to put a higher limit, on the 
odine number at least. 

The Chairman. Why would you not have a high limit on anything ? 
me higher the better is the rule, is it not ? 

Mr. Heckel. Senator, there is an oil that the Paint Manufac- 
urers' Association in conjunction with the Department of Agriculture 

now trying to introduce into the United States, and into the agri- 
ulture of the United States, which has an iodine number of 200. 

The Chairman. Is that objectionable? 

Mr. Heckel. We think it is not linseed oil, but we think it is for 
ome purposes much superior, if we can establish it. If you will 
llow me I will just call attention to one other thing 

The Chairman. Well, I am interested in this, and I will tell you 
<my I am interested. While I do not want at all to reflect upon the 



52 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

departments of the Government, I do not want to be a party to very 
much legislation that turns over to the departments the right to make 
arbitrary rules. I think sometimes, with probably the best inten- 
tions in the world, they have made some rules that have greatly inter- 
fered, and unnecessarily interfered, with industry. So that when it 
is suggested that we pass a bill giving to some department of the Gov- 
ernment the right to prescribe what shall constitute pure linseed oil 
or pure turpentine — merchantable linseed oil and turpentine — I should 
say under the bill you may find yourselves in the hands of a very com- 
petent, careful man, and you might find yourselves in the hands of a 
man who is entirely too technical or entirely too careless. So that if 
it is possible to suggest at least the limits of regulation, it ought to be 
done, in my opinion, in the bill. 

Mr. Heckel. Well, Senator, when you are dealing with a depart- 
ment of the Government which has certain discretion there is always 
a latitude for adjustment and a latitude for explanation. When you 
are dealing with a fundamental law which is prescribed by lawyers 
who understand nothing of technicalities, even after they are explained 
to them, you are dealing with a difficult proposition. I think the 
manufacturers of this country would rather have broad laws inter- 
preted by experts than to have minute regulative laws passed with 
the consideration that can be given to a law by one session of Congress. 

The Chairman. They made great complaints about some of the 
rulings of Dr. Wiley, I recall. 

Mr. Heckel. Yes, sir. 

The Chairman. Without undertaking to pass on them, it seems to 
me some of those complaints were well founded. 

Mr. Heckel. Most of them are ill founded; some of them are well 
founded. I think that is so. Of course, a man has his limitations. 

The Chairman. I am not saying these tilings to reflect upon Dr. 
Wiley at all.* Have you any further suggestions that you ciesire to 
make ? 

Mr. Heckel. Before we get to section 10, winch is a vital one, I 
would like to call attention to section 8, regarding turpentine. Prac- 
tically the same considerations apply to that as apply to my remarks 
regarding linseed oil, with the exception that in this case the Ameri- 
can Society for Testing Materials lias adopted a fixed standard. I 
have a copy of that and I will leave it with the reporter. 

(The paper referred to is here printed in full, as follows:) 

TURPENTINE. 

L. These specifications apply both to the turpentine that is distilled from pine 
oleoresins, and commonly known as "gum turpentine" or 'spirits turpentine." and 
to the turpentine commonly known as "wood turpentine" that is obtained from 
resinous wood, whether by extraction with volatile solvents, or by steam, or by de- 
structive distillation. 

2. The purchaser, when ordering under these specifications, may specify whether 
gum spirits or wood turpentine is desired. 

Tin; turpentine shall he clear and free from suspended matter and water. 

:>. The color shall be "standard" 1 or better. 

4. The spe< Lfic gravity shall be not less than 0.862 nor mere than 0.872 at 15.5° C. 

5. The refractive index at 15.5° C. shall he not less than L.468 nor more than 1.478. 

1 The term "standard" refers to the color recognized as standard by the "Naval stores trade." Turpen- 
tine is of "siandard" color when a depth of 50 mm. in a perfectly (lat polished bottom tube approximately 
matcheaa No. i. yellow Lovibond glass. 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 53 

6. The ini ial boiling point shall be not less than 150 nor more than 160° C. 

7. Ninety per cent of the turpentine shall distill below 170° C. 

8. The polymerization residue shall not exceed 2 per cent and Its refractive index 
,t 15.5° C. shall not be less than 1.500. 

The Chairman. In what respects does that differ from the pro- 
vision of this bill ? 

Mr. Heckel. It is much more complete. This bill says, "turpen- 
ine turps." This paragraph has evidently not been drawn by one 
vho is familiar with the use of chemical terms. Spirits of turpentine 

a very common description of turpentine, and it does not appear 
ii this section. Oil of turpentine is practically never used in the 
>aint and varnish trade. That is rather a medical term. "Turps" 

a familiar painter's term. Stump turpentine is here mentioned. 
?he common designation of that form of turpentine is wood turpentine 
t may be distilled from pine-tree stumps or pine-tree sawdust or 
rom the branches of pine trees, but it is generally known as wood 
urpentine. Now, wood turpentine, when properly produced and 
efined, is undistinguishable chemically from the gum turpentine, 
,nd to all intents and purposes it is precisely the same product. The 
>nly distinction that I think anybody really recognizes as character- 
tic is the distinction of odor, and our committee of the American 
ociety of Testing Materials struggled quite a long time to find a 
tandard definition for odors, and we gave it up. It is impossible so 
ar as these technical men know to establish standards for odor, 
therefore, they have set certain limits for a technically pure turpen- 
ine and have left it for the consumer, if he can, to determine by the 
dor whether it is wood turpentine or gum turpentine, or to designate 
n purchasing which he prefers. 

The Chairman. Is there any difference from the standpoint of 
itility between the gum and the wood turpentine ? 

Mr. Heckel. It is, I think, universally believed that there is no 
lifference between a purely refined wood turpentine and gum turpen- 
ine — technically no difference from the point of view of utility. 

The Chairman. Is the odor of the wood turpentine unpleasant any 
nore so than that of the gum turpentine ? 

Mr. Heckel. Properly refined wood turpentine to me is pleasanter 
nan the gum turpentine. That is a matter of personal taste. 

The Chairman. You think, then, that there is substantially no 
Lifference between the two ? 

Mr. Heckel. I think there is substantially no difference. 

The Chairman. And you suggest that the term be changed to 
'wood" turpentine instead of "stump" turpentine? 

Mr. Heckel. Yes, sir; and in this connection I would suggest that 
he standard specification of the American Society for Testing Ma- 
erials be adopted. 

The Chairman. And you have furnished a copy of that ? 

Mr. Heckel. I have furnished a copy of that. 

Senator Broussard. Where do you refer to spirits of turpentine ? 

Mr. Heckel. I said that in section 8, page 7, spirits of turpentine 
s not mentioned at all. 

Senator Broussard. Should that word "spirits" come in imme- 
iiately after the word "product" and before the word "turpentine" '? 

Mr. Heckel. "The product spirits of turpentine turps" instead 
f oil. Oil of turpentine, as I say, is a medicinal term. It is not 



54 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

known in the trade — that is, at least not well known. There is no 
objection to leaving it in, but " spirits of turpentine" certainly 
should appear, because that appears on most of the turpentine 
barrels. 

The Chairman. That is the common general name 1 1 

Mr. Heckel. That is the common general term in the trade for 
it now. 

Senator Broussard. Just one more question with regard to 
stump turpentine. The turpentine is made out of the stumps of 
trees as well as from the sawdust \ 

Mr. Heckel. That is wood turpentine. 

Senator Bkoussard. What does that term "wood turpentine" 
include? 

Mr. Heckel. All productions of that kind. That was the trade 
name for it in the beginning, when stumps only were utilized. That 
term came into use, but since they began to use the other waste 
products of the long-leaf pine the general term has been wood tur- 
pentine. 

Senator Broussard. I know it is wood turpentine. In Louisiana 
they term it "wood turpentine." I know of some factories where 
they use the stumps alone, dig them up and extract the turpentine 

Mr. Heckel. Yes, sir. 

The Chairman. I suppose that could be easily covered by saying 
"wood or stump' turpentine." 

Senator Broussard. I think the word "wood" would cover the 
two. 

Mr. Heckel. It covers it all because the stump is wood. I would 
like to add just one word or two as the Senator is interested in this 
matter. Improperly refined wood turpentine contains a great many 
volatile materials which are injurious. Turpentine itself is, as you 
know, injurious, and some is peculiarly so. When it is properly 
refined to conform to the specifications which I have handed to the 
reporter, all those substances are removed and wood turpentine is 
believed to be quite as harmless as the ordinary gum turpentine. 

Senator Cummins. Is the gum turpentine the turpentine that is 
made by tapping the trees ? 

Mr. Heckel. The gum turpentine is made by tapping the trees; 
yes, sir; and unfortunately it is another disappearing industry in the 
United States, due to lack of proper conservation. 

Senator Broussard. It is fast disappearing. 

Mr. Heckel. It is fast disappearing: yes, sir. 

The Chairman. I notice in this specification of standards which 
you have handed to the reporter, and which you ask to have adopted 
there is a high and low limit placed to the test. 

Mr. Heckel. Yes, sir. 

The Chairman. For instance, " the specific gravity shall be not less 
than 0.862 nor more than 0.872 at 15.5° C." Why do you put the 
high test on ? 

Mr. HECKEL. This is a rather peculiar case. Because other ma- 
terial can be used to adulterate turpentine which will raise that 
specific gravity. 

The Chairman. So you think it is accessary to set both limits, 
high and low? 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 55 

Mr. Heckel. Yes, sir; the turpentines have been tested all right 
y this special committee, and those limits have been determined as 
fell within the range of purity. In other words, turpentine con- 
orming to these limits in respect to gravity will be turpentine and 
o thing else. 

The Chairman. Now, I take it from the general course of your 
emarks here that these societies of which you are secretary actually 
pant adopted some legal regulation which will compel the produc- 
ion of pure linseed oil and of pure turpentine — and when I say pure, 

mean pure in the sense that it is pure for the purpose to which it 

to be put — that is, painting purposes — not pure, I suppose, in the 
ense of medicinal purposes. You actually want that ? 

Mr. Heckel. Senator, I never heard of manufacturers coming to 
he legislature to ask for protective laws, outside of the tariff — they 
re always ready for that — but outside of that they can usually get 
long very well themselves. 

The Chairman. You have chemists, and you have set up stand- 
rds in your society ? 

Mr. Heckel. Yes, sir. 

The Chairman. For what purpose have you done that ? 

Mr. Heckel. For the purpose of protecting the consumer of the 
;oods manufactured from these products. The consumer can not be 
jgislated into an expert. 

The Chairman. So you think it is necessary for somebody to set 
p a proper standard ? 

Mr. Heckel. That is done in ever}?- department of commerce and 
idustry. 

The Chairman. But do you think that is necessary? 

Mr. Heckel. I do think that is necessary. 

The Chairman. And you think it is so necessary that your socie- 
ies have employed experts and have spent a lot of time, and I sup- 
>ose a lot of money, in arriving at what constitutes a pure merchant- 
ble linseed oil and a pure merchantable turpentine ? 

Mr. Heckel. Senator, do not misunderstand what I have said. 

quoted these standards of the American Society for Testing Mate- 
ials, but I am not secretary of that association. 

The Chairman. Very well. 

Mr. Heckel. I was merely saying that the standards here in this 
)ill are not the most approved standards, and was offering the most 
ipproved modern standards. 

The Chairman. I understand now. The distinction is in speak- 
Qg of your society having undertaken these tests whereas it is the 
ociety of — what is their name ? 

Mr. Heckel. It is the consumers. 

Mr. Macnichol. It is the American Society for Testing Materials. 

The Chairman. That is the society that really made the tests ? 

Mr. Heckel. Yes, sir. 

The Chairman. You say your society does want to protect the 
onsumer because the consumer can not protect himself — he can not 
[now? 

Mr. Heckel. The American society wishes to protect itself. It 
;onsists of the Government chemists, or very many of them, the 
ailroad chemists, the chemists from manufacturers, and technical 



56 PBEVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

chemists who are in the business in laboratories, etc. ; in fact, it con- 
stitutes the testing chemists of the manufacturers of the United 
States, and those men have their own opinions, so that they may 
buy on equality — you understand that it is important that they should 
buy on equality, and they established these standard specifications 
and ordered many hundreds of them, so that the dealers, when they 
buy, will know what they are getting, sometimes. 

The Chairman. Do they not always want to know ? 

Mr. Heckel. I do not think they always want to know. I have 
heard of dealers who asked not to be told. 

The Chairman. Those were the dishonest dealers, were thev not, 
to put it flatly ? 

Mr. Heckel. Will you allow me to make a Biblical answer % 

The Chairman. Can not you answer it out of your own mouth 
instead of referring to the Holy Scriptures % 

Mr. Heckel. Well, the Holy Scriptures are very reliable. 

The Chairman. But they have no reference to turpentine. What 
do you say to that ? 

Mr. Heckel. I say that the dealer, an honest dealer, may not 
want to know because he can not know. I contend that the con- 
sumer or dealer can not be a technical expert or he would be in 
another line of business. He would not be a dealer if he were a 
chemical expert. The consumer would not be a consumer of paint 
if he was a paint expert; he would not be in that business because 
he would probably make more money out of it. 

The Chairman. The substance of your answer is that these dealers 
do want to know and therefore they have their chemists, the Govern- 
ment chemists, and other technical men, and they undertake to 
arrive at a standard % 

Mr. Heckel. We are working at cross-purposes. You say dealers 
and I was thinking of paint dealers. The paint dealers do not enter 
into this; it is the large consumers in the United States, practically. 

The Chairman. Whom do you mean by the large consumers % 

Mr. Heckel. The railroads, the Government, and large industrial 
establishments. 

The Chairman. Let us get this matter cleared up. This society 
of experts — please tell me that name again. 

Mr. Macnichol. The American Society for Testing Materials. 

The Chairman. The American Society for Testing Materials is 
made up now of whom % 

Mr. Heckel. Largely of the testing engineers and 

The Chairman. Testing engineers of what ? 

Mr. Heckel. Testing engineers and chemists of the industrial, 
manufacturing, and consuming industries of the United States. 

The Chairman. When you speak of manufacturing, do you 
include in that paint manufacturers? 

Mr. Heckel. Yes, sir; I am a member of the society. 

The Chairman. Very well; so that your paint organization and 
this other organization to which yon referred as industrial, do employ 
chemists? 

Mr. Heckel Yes, sir. 

The Chairman. To arrive at a standard of pure oils and pure 
turpentines \ 

Mr. Heckel. Yes, sir. 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 57 

The Chairman. Why do the paint men interest themselves in that ? 

Mr. Heckel. They interest themselves in that because they want 
o know exactly what they are buying. However, will you allow 
ne to interject one remark. These standards are changed from year 
;o year as investigation and knowledge proceed. 

The Chairman. I understand that point. 

Mr. Heckel. The law is not changed. 

The Chairman. I understand that, but the point that I want to 
et at is that the manufacturer when he goes into the market to buy 
vants to know what he' is buying ? 

Mr. Heckel. The paint manufacturer wants his chemist to know 
vhat he is buying. 

The Chairman. Very well; and of course, the knowledge of the 
chemist is the knowledge of the manufacturer ? 

Mr. Heckel. Yes, sir. 

The Chairman. So we get to the same point; the manufacturer 
^ants to know that in order to protect himself, and he can not 
protect himself except through the instrumentalities of experts and 
the standards that have been worked out by the experts ? 

Mr. Heckel. Yes, sir. 

The Chairman. If that is true now with reference to gentlemen 
who are engaged in the manufacture of paint, why should it not be 
equally true that it ought to be set up as a protection for the gen- 
tleman who puts the paint on his house ? 

Mr. Heckel. I admit it, exactly, if you will employ the same sort 
of technical supervision and find out whether the standards are such 
as they should be. That brings us right down to section 10 referred 
:o by Senator Kenyon. I claim on behalf of the Paint Manufac- 
turers' Association that the formula label sets up a false and mislead- 
ing standard of quality. I claim that it is perfectly possible to have 
two formulae on a paint can — both truthful — duplicate in every 
respect, and that the paint in the can shall be in the one case very 
Dad and in the other case very good. 

The Chairman. In other words, if I understand your answer cor- 
rectly, you claim that you can take two kegs of paint, one with good 
Daint in it and the other with bad paint in it, and yet each of them 
contain exactly the same ingredients in the same proportion ? 

Mr. Heckel. As shown by the analysis. 

Senator Kenyon. The chemical analysis? 

Mr. Heckel. Yes, sir. 

Senator Kenyon. Of the same thing, one showing bad and one 
showing good? 

Mr. Heckel. Of the same thing; besides that, I think we can guar- 
antee to take a 

Senator Kenyon. Why do you object to this section, then? 

Mr. Heckel. Because it sets up a misleading standard, and causes 
great annoyance and trouble to the paint manufacturing industry. 

The Chairman. What I understand the witness is referring to is 
this, that when you put upon the outside of a receptacle a true state- 
ment of the different ingredients inside, it does not follow that those 
ingredients are so compounded and mixed as to make a good paint, 
or as to make a bad paint; but you can take the same ingredients and 
by mixing them properly have a good paint, and with the same in- 
gredients, by mixing them improperly, have a bad paint, so that 
when you have the label upon the keg it really tells you nothing. 



58 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Mr. Heckel. It tells you nothing of the real value — nothing that is 
of real value to the consumer. 

Senator Kenyon. It shows the percentage of each ingredient, does 
it not? 

Mr. Heckel. Yes, sir; but it sets up a false standard. 

Senator Cummins. I would like a further explanation of that. 

Mr. Heckel. It implies the quality and a duplicate label and a 
duplicate formula usually imply a duplicate quality. 

The Chairman. Let me get at this in another way. Every cake 
that is baked in the country has a recipe for .making the cake. 

Mr. Heckel. Yes, sir. 

The Chairman. Let us say the old-fashioned pound cake — so much 
flour and so much sugar, and the other ingredients with which I am 
unfamiliar. One cook will take the materials exactly measured out 
and produce a good cake and another will produce a cake with the 
same identical materials that you can knock the clapboards off of the 
side of a barn with. 

Mr. Heckel. That is a very good illustration of what I mean, 
partly; but it can be done intentionally or can be done to save money. 

Senator Cummins. That does not quite explain it to me. I know 
very little about this subject, although I know something about the 
laws respecting paints. 

Mr. Heckel. You have this law in your own State, Senator. 

Senator Cummins. Unfortunately I am still inexpert upon the ques- 
tion. This label must show the name of each ingredient, must it not ? 

Mr. Heckel. Yes, sir. 

Senator Cummins. And the percentage of each ingredient has to be 
disclosed by chemical analysis ? 

Mr. Heckel. Yes, sir. 

Senator Cummins. Now take up two packages with the same label, 
one of which contains good paint and the other of which contains 
bad paint, and tell me why it is % 

Mr. Heckel. Let us take just the simplest case of all, illustrating 
something in your own State — oxide of iron, earth paint, a natural 
mineral paint. Some of those are mined in the State of Iowa, quite 
largely. 

The Chairman. There is quite a large amount of red paint made 
in Missouri. 

Mr. Heckel. If one manufacturer grinds that, we will say with 
North American linseed oil and with carefully selected turpentine, 
with carefully selected dryers and materials of that kind, and thor- 
oughly grinds it — thoroughly and properly grinds it — and goes through 
the proper process of manufacturing, he will produce a very good- 
paint, because though that paint is a very complex material, never- 
theless it makes very durable paint. ^Now, on the other hand, 
suppose he takes the same liquid ingredient but improperly grinds 
the paint and gets a coarse paint — you can make it so coarse that it 
is not paint at all — and yet the chemical analysis will show it to be 
the same thing. Therefore, it comes down to the point— and it 
is the contention which the manufacturers have made all the time — 
that the name of the manufacturer and the reputation of the manu- 
facturer of the goods is of a great deal more importance than the 
chemical analysis. It implies not only certain ingredients purchased 
haphazardly and put together haphazardly, but it implies an organ- 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 59 

zation that knows how to do it and* has obtained a reputation by 
ioing it properly. 

Senator Cummins. I can understand that, but even the paint that 
s poorly put together is better than it would be if it were adulterated; 
hat is, if the contents were not correctly stated ? 

Mr. Heckel. Not necessarily so, Senator. 

Senator Cummins. Well, suppose there were adulterated linseed 
>il in it 

Mr. Heckel. It depends upon what it is adulterated with. 

Senator Cummins. And adulterated turpentine in it, it would still 
e poorer, would it not, if made by the same manufacturer, than 
hough poor linseed oil was used in it and poor turpentine was used 
nit? 

Mr. Heckel. You are getting into a very abstruse question — a 
ery complicated question. I do not agree with that statement at 
11. First of all, I do not agree with the statement that purity, as 
mplied in this act, is in any way synonymous with paint value. 

hat is a technical question entirely. Poor linseed oil, for some pur- 
poses, is better than anything else for some paint purposes. For 
some other paint purposes it is entirely useless, and the same way 
with all the other materials that may be called pure adulterations. 
Now, I am one of those who believe, for example, that what are 
commonly called adulterations in moderate percentages are very 
useful in many paints. 

Senator Cummins. Let me put it to you concretely. Suppose you 
were buying paint of a manufacturer who would be classed as a poor 
manufacturer. Would you buy paint from him, assuming that he 
was not high class in his work, rather have your ingredients stated 
on the container or not? 

Mr. Heckel. I would not buy of him in any case. 

Senator Cummins. But if jou did buy of him. 

Mr. Heckel. I do not think that would be any indication to me. 
I would rather try the paint; I would rather try it out on a board and 
see how it worked and to use my ordinary common sense and judg- 
ment to tell whether it was pure turpentine or not. I would use 
my nose — while I can not establish the standard by smell — I can 
usually tell whether it is benzine or turpentine. 

Senator Cummins. But all people who use it may not have the 
same skill or the same perfect olfactory nerves. 

Mr. Heckel. I do not think, Senator, that the actual consumer is 
fooled very much, or so much as is assumed. 

Senator Cummins. Then your position is, as far as applies to 
paint, that there is nothing in the question of adulteration at all? 

Mr. Heckel. No, sir; I do not agree with that at all. I do not 
assume that. 

Senator Cummins. I mean to say that your position is that no one 
is helped by putting 

Mr. Heckel. The formula label 

Senator Cummins. By putting on the formula label. 

Mr. Heckel. I think that any help that may be given by it is 
more than counterbalanced by the expense and inconvenience that 
it causes. That is at least from a selfish standpoint. Now, with the 
rest of the bill, with respect to the penalty against misrepresentation 



60 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

and misbranding, I am in thorough accord. That is general legisla 
tion along the lines of preventing dishonesty. 

Senator Cummins. Why should we have any law against adulterated 
linseed oil if adulterated linseed oil in some cases is better than pure 
oil. Why put it on any container ? 

Mr. Heckel. Suppose that paint is sold as white lead; then, I 
believe there should be a penalty for that. The white lead is adul- 
terated. That is provided for here in the section against misbranding 
and mislabeling. No man has a right to sell you or me or anybody else 
anything under a name that does not belong to it ; under a misleading 
or false title. If he sells me white lead, I want white lead. If he sells 
me chrome yellow I want chrome yellow, and so on down the line. 
But if he sells me paint he is selling a very complex product of 
industry, and I naturally must rely more on his ability to produce a 
proper product than on my own ability to determine whether the 
ingredients he uses will or will not make a proper product. 

Senator Cummins. Then, your view is that the law against adul- 
teration should apply only to primary products and not compounded 
products ? 

Mr. Heckel. I really do not see how you can make a law against 
the adulteration of paint. Most of the pigments in their nature are 
adulterated to begin with. Some of the most important of our colors 
vary in chemical composition continually and constantly. 

Senator Kenyon. Without section 10 there would be no case of 
adulteration. You can adulterate all you please under section 10. 

Mr. Heckel. I do not understand that to be so, Senator. 

Senator Kenyon. That section was in the Pennsylvania law, was 
it not ? 

Mr. Heckel. It was stricken out of the Pennsylvania law. 

Senator Kenyon. All of it ? 

Mr. Heckel. All of it regarding the formula label. The rest of it 
remained. 

Senator Kenyon. Were there any hearings on that before any 
committee ? 

Mr. Heckel. Yes, sir; there were hearings on that. 

Senator Kenyon. Who represented you in those hearings ? 

Mr. Heckel. I was one; there were a number of us up there. 
The final argument was presented by Mr. Jones, of Philadelphia. 
It says in this section 12: 

If the package containing it or its label shall bear any statement, design, or device 
regarding the ingredients or the substances contained therein, which statement, 
design, or device shill be false or misleading in any particular. 

Now, that simply means that he must not misname any product 
which he sells. If he sells paint, he sells paint; and the formula on 
a can will not determine whether that paint is good or bad. 

The Chairman. Let me see if I understand you. Your position is 
this: If you take a can and mark it "paint" — red paint, or white 
paint, or blue paint, or any other colored paint, and that is all you 
put on it, you think you ought to have a right to sell it, if the pur- 
chaser buys it in that case, without any misrepresentation of any- 
thing at all except that it is paint with no guaranty except the name 
of the manufacturer that appears on the receptacle? 

Mr. Heckel. Yes, sir; exactly. 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 61 

The Chairman. But if he puts on his can "white lead/' then he 
lust have pure white lead ? 

Mr. Heckel. Yes, sir; exactly. 

The Chairman. If he puts on "chrome yellow," he must have 
irome yellow ? 

Mr. Heckel. Or else something to indicate that it is not pure 
irome yellow. 

The Chairman. Yes. If he says nothing about the kind of oil that 

employed in either case in any of these cases, he can put in any 
ind of oil he wants to; but if he says "linseed oil," then it must be 
ure linseed oil ? 

Mr. Heckel. Yes, sir. 

The Chairman. If he says nothing about turpentine, he can put in 
ny kind of turpentine he wants or any substitute ; but. if he says 
lything about turpentine he must have turpentine ? 

Mr. Heckel. Exactly. 

The Chairman. That is your theory ? 

Mr. Heckel. That is my theory. 

The Chairman. Let me see if there is not a large-sized hole in the 
rotection. I am trying to get at the facts about this. A man comes 
o buy paint or white lead and the lead that is in that can or barrel, 
r whatever it is, is pure lead. It is branded "white lead." Now 
othing is said about the oil, and the manufacturer of that paint 
as put in an adulterated oil. Nothing is said about the turpentine, 
he manufacturer of the paint has put in an adulterated turpen- 
tine 

Mr. Heckel. He probably will. 

The Chairman. Now, how is the consumer to be protected under 
re rule you laid down against two latter evils— the adulterated oil 
nd the adulterated turpentine? 

Mr. Heckel. Suppose the linseed oil is desirable in paint in pre- 
rence to anything else? Do you not suppose with such a law as 
his that the manufacturer will be the first to seize that advantage 
nd say his white lead is ground in pure linseed oil? They do it 
o-day. 

The Chairman. If he figured it as an advantage, could he regard 

as a disadvantage to say in the law that he should do it ? If there 

a commercial advantage and a business advantage to him to put 

on, it could not be any disadvantage to him, could it ? 

Mr. Heckel. I think I can give you an illustration right at this 
resent moment regarding that. The objection is more a business 
bjection than anything else. To-day I doubt if all of the paint — 
a fact, I am very sure that not all of the paint on the market is as 
t is labeled or represented, because some of the materials called for 
n these labels are not obtainable at any price in the whole world, 
nd will not be until the British Government lifts the embargo. 
Lt the present time either you or myself have to pay four or five or 
ix or eight dollars a pound for what cost 25 or 30 cents a pound a 
ear ago. We can not get it at all. Or the man must change his 
abel and throw away the label he has and get a new label. 

The Chairman. Your objection is to having to print a new label? 

Mr. Heckel. Yes, sir; and to explain why the formula was 
ranged. 



62 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

The Chairman. About how long do you think it would take a 
man to take an old label off, if any of the ingredients could not be 
obtained and something else had to be substituted, and run a pencil 
through the old ingredient and write the new one in, and write at 
the bottom something like this: "We have been obliged to substi- 
tute blank for blank, formerly used, because it is not obtainable in 
the market. The material we are using we recommend to our cus- 
tomers," and any other nice pleasant thing that you want to say 
about it — about how long would it take an ordinary $50 a month 
clerk to do that ? 

Mr. Heckel. On 4,000,000 gallons of paint, divided up for the 
trade and for the Government ? 

The Chairman. How long would it take to change any label? 

Mr. Heckel. It means a whole line of labels and it means a very 
long list of labels. To some manufacturers it would mean several 
million paint cans. 

The Chairman. When you change the old ones, the printing office 
can reproduce them with some rapidity, can they not ? 

Mr. Heckel. Those labels are not only printed but pasted, and I 
do not know any manufacturer who would change in that way. One 
of the principles of advertising is that the package must be attractive, 
and I do not know any manufacturer who would change in that way. 
They would have to change the whole thing or not at all. 

Now, another point is that every time some new material of value 
which is good and cheaper is discovered after a time it goes into the 
paint. There are quite a number of them. There are new materials 
now that the Department of Agriculture has found to introduce into 
the United Sta'tes. Some of them have various properties which will 
eventually improve the paint which is sold. There are two oils that 
I have in mind that are very promising, but we must revise the for- 
mula, with an explanation to the dealer and consumer, who is educated 
to believe, if he pays any attention to it, that the formula on the can 
represents the perfection of the paint manufacture. Now, what the 
industry thinks is, that, first of all, the label will not accomplish this 
purpose. The consumer does not know when he reads that label 
whether the paint is good or bad. It has not been the experience 
that the consumer has for very long looked at the label. Therefore, 
as far as the protection of the consumer is concerned, it is not impor- 
tant in the minds of the manufacturers. On the other hand, it is a 
very great trouble and considerable expense to the paint manufacturer 
himself, and sometimes would involve him, through no fault of his, in 

freat difficulties, especially if he were prosecuted by a Federal court, 
have had myself cans wrongly labeled as to color and as to contents. 

The Chairman. By mistake ? 

Mr. Heckel. By mistake. 

The Chairman. You know that the law does not hold a man for 
mistakes '( 

Mr. Heckel. 1 am aware of that, but it is no little trouble to ap- 
pear before a Federal court and prove all of that. It is quite as ex- 
pensive and inconvenient to hire a lawyer to prove yourself innocent 
as to gel away with it if you are guilty. 

TheCHAlRMAN. There would he some difficulty attached to that 
for misbranding, hut how about the difficulty it a man paints his 
house and then has to paint it again next year \ 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 63 

Mr. Heckel. He can use the best paint in the world and that will 
appen ever}' now and then. 

The Chairman. I am speaking of the cost and the trouble that 
rises through the use of the wrong paint, the paint he should not use ? 

Mr. Heckel. I believe myself that 9 times out of 10 the trouble 
rises more from wrong conditions than from wrong paint. A man 
mo will paint in clamp weather or will paint on a damp surface, will 
ave trouble no matter what paint he uses, and the formula would 
ot protect him. If he tries to paint a greasy surface he will have 
rouble and the formula will not protect him. The answer to that is 
o employ competent workmen to do the work. 

The Chairman. I am speaking about two difficulties in the con- 
tact, one where you are making paint and you carelessly label the 
•ackage, and you say, carelessly, u This is pure white lead," and 
men, as a matter of fact, it is an adulterated product that you are 
producing in your factory. Now, you may be arrested for that, and 
t may cause you some trouble, that is granted. But how about the 
rouble of the painter who took that paint, and which looked abso- 
utely like the genuine article, and put it on a building, perhaps 
ainted the interior of a great office building, and then had the job 
ome back on his hands. Do you not think his troubles should be 
omewhat considered ? 

Mr. Heckel. If it occurred 

The Chairman. Of course 1 am assuming that it occurred. 

Mr. Heckel. Now, Senator, you have heard no painter in any 
estimony state that he uses that kind of lead by mistake. They 
now exactly what lead they buy and use, and they know exactly 
r hat is in it. Sometimes there may be cases where they do not 
mow, but as a rule the painter knows what he is using, and at least 
le knows that he can get exactly what he wants, and as far as the 
ainter is concerned, he need not be deceived unless he wishes to be. 

The Chairman. There was some testimony given here the other 
lay with respect to that 

Mr. Heckel. I heard a little of it. 

The Chairman. In which four different qualities of paint were pro- 
iuced, about which one man testified, and the others said they agreed 
vith his statement — I took that method of abbreviating the hearing — 
hat the paints could not be detected by anj^thing save a chemical 
nalysis, and that the life of certain of those paints was about half 
hat of the pure paint. 

Mr. Heckel. Yes, sir. Not one of those painters who testified, I 
hink I am safe in saying, ever used any one of those brands of paint, 
>r were in danger of using them. I will say that I myself have, since 
>eing secretary of the association, been endeavoring with others to 
correct a great many of these abuses. I want to correct one state- 
nent that I heard made here and that is that adulteration came in 
vith the mixed paints — I think it was in response to a leading ques- 
ion by you, Senator. Adulteration began before the memory of 
nan began. Adulteration of paint began when the paint manufac- 
ure began. White lead was adulterated before mixed paint was 
nought of. White lead was very commonly adulterated. I have 
n the records of my office a memorandum of one very prominent 
nanufacturer not now living — it was a separate corporation that 
nanufactured about 5,000 tons of white lead a year, a white lead 
nanufacturer and 1,000 tons of that was pure lead, and most of it 



64 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

was sold to the paint manufacturers for use in their products. The 
rest was sold in different degrees of adulteration under fancy brand 
to hardware stores and dealers throughout the country. That was 
long before there was any mixed paint. 

The Chairman. Did you try to suppress that ? 

Mr. Heckel. That was suppressed by the sale of the corporation 
to a large manufacturing interest. 

The Chairman. They did not buy the corporation to stop this 
adulteration, did they ? 

Mr. Heckel. Not for that purpose, but self-interest usually cor- 
rects those things. When the large lead corporation was formed, it 
was thought a wise policy to manufacture one grade of lead only, a 
pure lead, and to sell that under various brands and to suppress all 
the graded leads, as the} T were called. No white lead manufacturer 
adulterates lead to-day. 

The Chairman. I did not quite understand you a while ago. I 
understood you to say that you had had a great deal of trouble run- 
ning down the adulterators of lead ? 

Mr. Heckel. Exactly — those leads that were shown here, one of 
them labeled, u The Bridgeport Wood Finishing Co." That is white 
lead. The lead has been taken off that package since the hearing in 
Pennsylvania last year. 

The Chairman. Why do you have this trouble ? 

Mr. Heckel. Because there are some manufacturers, some of the 
smaller manufacturers especially, who have inherited this practice, of 
which I do not approve at all, of branding white lead, produce white 
lead as white lead. That was a custom that was handed down from the 
fathers of the white lead industry, not to the paint manufacturers. 

The Chairman. Now avoiding all questions about moral turpitude 
involved, as I understand vou, there has been an adulteration of 
white lead for a great many years. 

Mr. Heckel. Yes, sir. 

The Chairman. You cited one instance of a large manufacturer 
who manufactured 5,000 tons of white lead — alleged white lead, but 
only used 1,000 tons. 

Mr. Heckel. That was before 1870. 

The Chairman. But he only used 1,000 tons of the white lead? 

Mr. Heckel. Yes, sir. 

The Chairman. That was before 1870, but that same course of 
adulteration in some degree has been pursued by a large number of 
paint manufacturers from time to time ? 

Mr. Heckel. From time to time. It is almost eliminated to-day. 

The Chairman. Now, you stated, as I understood you, that you 
had had a lot of trouble in getting these things eliminated ? 

Mr. Heckel. No. 

The Chairman. Or there had been a lot of effort made to eliminate 
it? 

Mr. Heckel. Yes, sir; wherever found. 

The Chairman. Who caused this effort to be made? 

Mr. Heckel. The paint manufacturers themselves. 

The Chairman. And why? 

Mr. Heckel. Because they did not believe that false labels should 
be used. 

The Chairman. But why not use any kind of label if the paint is 
just as good ? 



PREVENTING THE MANUFACTURE OE ADULTERATED OIL, ETC. 65 

Mr. Heckel. That is a question of quality of the paint. Many of 

ose paints are superior, I believe, to the pure white lead — many of 

em — but it is not white lead. If I go to buy a pound of brass, I 

ant brass and not gold, even though it is more valuable. Gold will 
ot serve me for brass. 

The Chairman. So that there is at some point anyway along the 
ne of handling these paints where somebody wants to know that 

ey are pure; wants to know what they are; he wants to know 

hat he is buying ? 

Mr. Heckel. Undoubtedly, and he knows the meaning of them 

hen they are pure. 

The Chairman. Now, that is a rule which ought to exist for the 
ltimate consumer the same as the manufacturer, ought it not ? 

Mr. Heckel. There is no such thing as purity in complex material. 

The Chairmax. But the right to know what he is buying ought to 
nterest the consumer the same as the manufacturer, ought it not ? 

Mr. Heckel. I think that is debatable — I think that is very 
lebatable. 

The Chairman. You simply say that if you tell him that the 
firing does contain a certain thing, it must contain it, but if you say 
lothing, he buys taking the chance? 

Mr. Heckel. He takes the chance even if I do tell him what is in 
t. He takes a very large chance. 

The Chairman. That depends upon how truthful a man might be. 

Mr. Heckel. If he takes a chance, he simply takes it. If he finds 
i well-known article which has proved of value, I do not think his 
mowledge of the value of that material is going to be improved by the 
ormula on the can. As for the painters, I do not think they buy on 
he formula at all. I think as far as the materials they buy go, they 
;est them, if they are competent, every time. The thinners test their 
thinning value and others make the tests of the other materials, as to 
their fineness, their spreading capacity, etc. But I do not think that 
>ainters as a class are very much fooled as to any of these white leads. 

The Chairman. If this bill was passed with section 10 out , the other 
ections would protect the manufacturer so that if he went out and 
isked for white lead he would know he was getting it, or that the man 
who sold it had committeed a crime % 

Mr. Heckel. He does not know any law to protect him in his pur- 
chase. He buys single materials, materials of definite composition 
"or which there is a standard, but it is a matter of test as to the manu- 
actured article — as to the qualities you require. 

The Chairman. Suppose the bill was passed with section 10 out, 
would it do any good % 

Mr. Heckel. I think it would do a great deal of good. 

The Chairman. What good would it do ? 

Mr. Heckel. It would eliminate every case of misrepresentation 
ihat I heard about and saw presented here in the evidence last week. 

The Chairman. But you hold that the misrepresentation does not 
do any harm ? 

Mr. Hekel. I do not hold that misrepresentation never does any 
larm. The point I make is that unless there is a very great good to 
:>e served to the general public, it is not wise to hamper industry. 

37818—16 5 



66 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

The Chairman. What good would be subserved with section 1( 
eliminated ? 

Mr. Heckel. You mean what reforms would be effected? 

The ChairmAn. What good would come to the consuming public 
or to the manufacturer ? I am anxious that the manufacturer shoulc 
have fair treatment. 

Mr. Heckel. I do not know that there would be any specia 
good to the consuming public or to the manufacturer. I do no' 
think the painters, as a rule, buy ignorantly. In some of the colon 
they make possibly they may be defrauded. I do not know. Bui 
they know as a rule that the price determines the quality of the 
actual colors they get, and they have their tests which are verj 
simple, and which they always make as to color value. The genera 
public does not know, nor will they ever know, whether an adulterated 
color is better or worse for being adulterated. There is one colo] 
which every consumer thinks is very much better for being highh 
adulterated, and that is chrome green. Chrome green is an unusable 
color in its pure state. It is not a pleasant color at all. It is i 
beautiful green, say made of about 25 per cent pure color and 71 
per cent of barytes; it is well known, and if the consumer wer< 
warned that it contained 75 per cent of adulterant, I think he woulc 
be very much misled if the tried to buy pure chrome green and use it 

The Chairman. Would you object to a bill going to the extent o: 
saying what kind of oil was used in grinding the paints ? 

Mr. Heckel. I think it would be very unwise because paints an 
good for very many purposes, and, as I said in the beginning of m^ 
remarks about linseed oil, there are some purposes for which linseec 
oil is totally unfitted in paint. 

The Chairman. Then you would not say there was linseed oil in it 
You would say there was something else in it ? 

Mr. Heckel. They do not say there is linseed oil in paint, Som< 
manufacturers say "pure linseed-oil paint." If a bill was passed am 
they said "pure linseed-oil paint," it would have to be pure if tha 
section was out. 

The Chairman. Would that do any good if it was in the bill ( 

Mr. Heckel. I think it would prevent a man from lying in tin 
trade. I think honesty is always the best policy. 

The Chairman. I have asked Mr. Heckel all the questions I car< 
to ask. 

Mr. Dewar. May I ask the gentleman one or two questions ] 

Senator Cummins. I would like to ask a question. 

Mr. Dewar. I beg your pardon. 

Senator Cummins. I take it that your objection to labeling paint! 
is simply one of cost and trouble ? 

Mr. Heckel. Cost and trouble and the tendency to hamper indus 
try and hamper improvement. 

Senator Cummins. How much would it cost as compared with th« 
present method to print a label of that sort instead of the one yoi 
now have ? 

Mr. Heckel. Well, it depends. That is pretty hard to say. Tin 
Sherwin-Williams Co., I think, wrote me that they used several thou 
sand pounds of paper in making their labels. 

Senator Cummins. You put some kind of label on now \ 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 67 

Mr. Heckel. They put some kind of label on now. It is usually 

thographed on stone, not printed. 

Senator Cummins. But after you cut your stone it would be a mere 

atter of printing, would it not ? 

Mr. Heckel. Undoubtedly, and it is a matter of change every 

me the formula is changed. 

Senator Cummins. How often are the formulas changed generally 
peaking ? 

Mr. Heckel. If I were a manufacturer they would be changed 
ery often. The progressive manufacturers, I think, have been 
ccustomed to change formulas quite frequently. 

Senator Cummins. Could you give us some idea as to how often 
hese changes are made in the present method ? 

Mr. Heckel. No, sir; I could not. They vary from time to time 
ccording to the qualities of the various ingredients. For instance, 
mite lead is not always the same physically; that is, the same mate- 
ial. Zinc oxide is not always physically the same material. There 
s a variation, for example, in the liquid required in one lot and the 
iquid required for the other. 

Senator Cummins. You do not put these elements on at all now; 
ou do not name them ? 

Mr. Heckel. The liquid ingredients; yes; wherever required in 
his bill. 

The Chairman. The objection is to stating the ingredients, that 
t will make a lot of changes in the labels ? 

Mr. Heckel. Not only that, but it does a whole lot more. 

The Chairman. But that is one objection? 

Mr. Heckel. Yes, sir; that is one objection. I have set forth 
>hat in a letter. 

The Chairman. Let me deal with that — one phase of it. I have a 
abel here, marked "Exhibit 4," appearing in the last hearing as 
follows [reading] : 

Label 516. Royal White lead. E. P. & V. Co. M. B. Cochran, president, Pitts- 
burgh, Pa. Net weight, 24 lbs. 5 ozs. Analysis of pugment. White lead, 43.32 per 
cent; lead sulphate, 0.54 per cent; zinc oxide, 11.60 per cent; barium sulphate, 
42.28 per cent; silica and silicate, 1.67 per cent; undetermined, 0.59 per cent. Total, 
00. The term "Royal White lead" should indicate a good product; that is, some 
special brand of pure white lead; but the analysis does not bear out this conclusion, 
for less than half of the product is white lead, and it is largely adulterated with barytes . 

That is the analysis. 

Mr. Heckel. Yes, sir. Now that label 

The Chairman. That would be difficult to put on, would it? 

Mr. Heckel. That label could not be used if the formula part of 
this were stricken out. 

The Chairman. Now let me get another label. That was the 
analysis I read you. 

Mr. Hekel. There the label says "Royal White Lead." That 
could not be used even if you had no formula on this label. 

The Chairman. Here is a label, Exhibit 11 [reading]: 

The Lawrence colors. Refined lamp black. Ground in pure linseed oil. W. W. 
Lawrence & Co. Pittsburgh. 12 J lbs. 

Over at the right of the label is the following: 
No. 302. Carbon, 100 per cent. Ground in pure linseed oil. 



68 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Now, there is a representation of the contents of that package, is 
it not? 

Mr. Heckel. Yes, sir. 

The Chairman. Put on there voluntarily by the manufacturer 1 

Mr. Heckel. Yes, sir. 

The Chairman. If the law said he should put it on it would not 
impose any additional difficulty, would it ? 

Mr. Heckel. He puts it on anyway. Every manufacturer puts 
that on because that is a single chemical compound. I very much 
doubt that that label is correct, because lamp black is not 100 per 
cent carbon, Senator. Do you catch that point ? That label is 
undoubtedly incorrect, because lamp black is never 100 per cent 
carbon. 

The Chairman. It does not cost any more to print the truth on a 
label tban it does a fraud and falsehood — speaking simply of the 
printing cost? 

Mr. Heckel. That is a falsehood under this law. If this law is 
strictly applied by the Federal Government it would mean that a 
man saying that he has 100 per cent of lamp black could be prosecuted. 

Senator Cummins. You say that would not be true because it 
would not be specific ? 

Mr. Heckel. I say 

The Chairman. I am only dealing with one point now — this alleged 
difficulty arising from the cost of printing on the labels the contents 
of the packages. 

Mr. Heckel. I did not mention the cost especially. I mentioned 
the difficulty, the trouble, the inconvenience, and the explanations 
that must go with that change. 

The Chairman. Let us include them all. Now, here is a gentle- 
man who voluntarily does it. This label is marked " Exhibit 11/ 
which was introduced at the former hearing. It reads: 

Masury's liquid colors. The best in the world. White. Warranted pure linseed - 
oil paint. 

Then over on the side is " Composition," and under that head is 
the following: 

Paint: Pigment, 60.5 per cent; vehicle, 39.5 per cent; total, 100 per cent. 

Then the composition under that head is: 

Pigment: Zinc oxide, 55 per cent; basic lead carbonate, 45 per cent; total, 100 per 
cent. 

"Vehicle" — under that head: 

Linseed oil, 88 per cent; drier, 12 per cent; total, 100 per cent. 

Mr. Heckel. I am very familiar with that. 

The Chairman. The gentleman has put on all of his ingredients. 

Mr. Heckel. Voluntarily. 

The Chairman. I do not know; it is on here now. 

Mr. Heckel. The gentleman who made that change died from the 
wo try incident to the change. 

The Chairman. Incident to this change? 

Mr. Heckel. Yes, sir. 

The Chairman. What was his physical condition before, then? 

Mr. Heckel. His physical condition was not good, but he probably 
would have lived for many years, lie worried himself over the 
North Dakota law. 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 69 

The Chairman. Over putting that on the keg? 

Mr. Heckel. This is one of several hundred colors. 

The Chairman. He already has to put it on under the laws of some 
tates, so if he had survived, he would not have had any additional 
ork to comply with this law ? 

Mr. Heckel. I think some of them here will tell you whether they 
ave had any additional work or trouble at this time in the present 

ndition of the color trade. 

The Chairman. Now I will call attention to Exhibit 13, as an 
lustration of the formula work: 

Heath & Milligan Manufacturing Co. Best prepared paint. Gray. Chicago. 
|nalysis: Pearl gray. One United States standard one-fourth gallon. White base, 
1.60 per cent; coloring matter, 0.07 per cent; linseed oil, 34.69 per cent; turpentine, 
[55 per cent; japan, 1.57 per cent ; petroleum spirits, 0.79 per cent; water, 0.73 per cent; 
]>tal, 100 per cent. Pigment: White base, 99.88 per cent; coloring matter, 0.12 per 
'mt. Liquid: Linseed oil, 82.21 per cent; turpentine, 3.95 per cent; japan, 4 per cent; 
itroleum spirits, 2 per cent; water, 1.84 per cent; total, 100 per cent. White base: 
|ead carbonate, 19.26 per cent; lead sulphate, 19.16 per cent; zinc oxide, 46.58 per 
mt; barium sulphate, 10 per cent; calcium carbonate, 5 per cent. 

The coloring matter is indicated here by two stars as "lampblack" 
nd "carbon." Now, that gentleman puts all on his can now. 

Mr. Heckel. Yes, sir; but what good does it do the consumer ? 

The Chairman. I do not know. 

Mr. Heckel. Can you imagine a consumer reading that formula 
nd getting anything of value from it ? Does it protect him ? 

The Chairman. I could imagine a painter engaged in the business 
eading it and getting a good deal out of it. 

Mr. Heckel. A painter engaged in business can say to the con- 
umer, "This is a mixed paint; look at the formula. We will put 
ead and oil in your building." 

The Chairman. But a man going now to buy this stuff, has he not 

right to know what is in it ? 

Mr. Heckel. I do not know whether he has or not — if he has the 
nowledge necessary to interpret it. 

The Chairman. Here is Exhibit K 3: 

Masury's pure colors. Ground in pufe linseed oil. 1 pound. Prussian blue, etc. 

Here follows again the composition. I am not going to read it, 
nd I do not think we need pursue this inquiry further. I think, 
hough, that the other members of the committee will agree with me 
hat the former testimony, taken at the last hearing, should be 

eluded in this hearing, all printed together. I do not care to ask 
Ir. Heckel any further questions. 

I desire to read a telegram which I have received, as follows [read- 

isi : 

St. Louis, Mo., April 10, 1916. 
[on. James A. Reed, 

1956 Biltmore Street, Washington, D. C: 
On behalf of 0. A. Wood Preserver Co., which I represent as counsel, and of which 
am treasurer, I desire to urge passage of the pure-paint law, and that the bill be 
Irafted or amended to include wood preservatives, creosote oils, carbolineums, arid 
imilar products. Many pseudowood preservatives are sold, and their inefficiency as 
uch can not be practically demonstrated until after many years or the period within 
s'hich wood normally would decay. We have communications and signed petitions 
rom practically 2,000 consumers in the United States urging the passage of a pure 
rood-preserver law. 

Manton Davis. 



70 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 



I would like to ask you, Mr. Heckel, what you have to say about 
these articles referred to in the telegram which I have read ? 

Mr. Heckel. I have nothing to say about them. 

The Chairman. Do you know anything about them? 

Mr. Heckel. Yes, sir; I know something about them. I have no 
comment to make upon that. I think it is very clever. 

Mr. Dewar. May I ask the gentleman a question, Mr. Chairman? 

The Chairman. Yes. 

Mr. Dewar. I would ask the gentleman if he is the author of these 
general paint specifications [indicating] ? 

Mr. Heckel. No, sir; I am not. 

They were sent out by a company which you are 



They w T ere. 
And it was you that sent them out broadcast through- 



Mr. Dewar. 
interested in ? 

Mr. Heckel. 

Mr. Dewar. 
out the country ? 

Mr. Heckel. Yes, sir. 

The Chairman. You have said, "this specification." Have that 
marked. 

(The paper referred to is marked "Exhibit 29/' and is here printed 
in full, as follows:) 

Exhibit 29. 



THE NEW JERSEY ZINC CO. ENGINEERING DEPARTMENT SPECIFICATION NO. ( — ■) — GEN- 
ERAL PAINT SPECIFICATIONS. 

Woodwork exterior. — The surface shall be carefully dusted immediately before 
painting, all knots and resinous spots to be washed with turpentine and given one 
coat of grain alcohol shellac before priming, care being taken that the shellac coating 
does not cover more surface than is necessary to cover the defective spot. 

A priming coat, followed by two additional coats, shall be applied. If the wood te 
be painted is cypress, the priming coat shall contain in addition to the other "thin 
ners" used, one-half pint of solvent naphtha (benzole) or of toluol to the gallon o: 
paint ready for the brush. 

If the wood be yellow pine, the priming coat shall contain one-half pint of pure 
wood or gum turpentine to the gallon. 

The white paint to be supplied, either as a body color or as a base for tinting, ma) 
be, according to agreement in each case, a ready-mixed paint of approved composi 
tion, or a semipaste paint of approved composition. 

Whatever form of paint may be selected, the pigments shall contain not less thai 
45 per cent zinc oxide in any case. The composition of the pigment" shall closely 
approximate the following percentages, excepting in those cases where a higher zine 
oxide content is specified, in which cases the percentages of the other ingredient! 
shall be correspondingly lowered: 



Zinc oxide 

Basic carbonate white lead 

Basic sulphate white lead 

Asbestine or silex or barium sulphate 



Alternative formula. 



Per cent . 



45 
20 
25 
10 



Per cent. 



50 
20 
20 

Ki 



Per cent. 



50 
35 



15 



Per cent, 



51 

51 



In other words. 45 per cent must be the low limit for zinc oxide and 15 per cent the 
high limit for inert, the remaining pigmenl consisting of basic carbonate white lead 
or both basic sulphate and basic carbonate white lead in the proportions shown. 

A 50 per cent zinc oxide 50 per cent basic carbonate white lead paint is considerec 
acceptable under these specifications. 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 71 

If a semipaste paint is used, the pigments shall be ground in pure raw linseed oil, 

ithout volatile thinners or dryers, the percentage of such oil to be not less than 24 

er cent of the total weight of the completed paint. 

For application, this paint shall be suitably reduced for the several coats by the 
ainter, by adding as he deems necessary, the requisite liquids. For such reductions 
e shall use nothing excepting pure raw linseed oil, having iodine value (Hanus) 
ot less than 175, pure turpentine and liquid dryer (with the exception noted above 
s to the*use of benzole or toluol on cypress). The total percentage of turpentine and 

quid dryer shall not exceed 5 per cent of the total weight of the completed paint. 

he liquid dryer or japan used shall contain no rosin nor rosin compounds. 

If a paste paint is used, it shall conform in every respect to the specifications for 
emipaste paint, excepting that the proportion of pure raw linseed oil used for grind - 
ng shall be reduced to the extent necessary. The restrictions for mixing and reduc- 
ng to working consistency shall be the same as for semipaste paint. 

If a ready-mixed paint is used, the specifications as to the white and liquids shall 
>e the same as for semipaste paint, excepting that in this case the volatile thinners, 
he driers, and the tinting colors shall have been added in the process of manufac- 
ure. In that case the proportion of pure raw linseed oil in the completed paint 
hall in no case fall below 31 per cent, the total percentage of volatile thinners (which 
nay be either turpentine or petroleum spirit) shall in no case exceed 5 per cent, 
ncluding that contained in the liquid drier; the moisture shall not exceed 1 per 
ent; and the paint shall contain no rosin acids. The coloring matter used for tinting 
hall be commercially pure pigments. 

Such paint shall be applied as furnished, excepting that the painter may add, as 
onditions require within the specifications, pure raw linseed oil, turpentine, or 
)enzine or pure tinting colors. 

No painting is to be done in wet or humid weather nor when the temperature is 
below 40° F. 

All nail holes, cracks, and similar breaks in the' surface to be stopped with linseed - 
il putty after priming. 

Not less than three days of 24 hours each shall be allowed for the drying of each 
oat before succeeding coat is applied. 

When tints are specified, the tinting shall be done with the use of pure linseed-oil 
colors. 

Old work — Repainting .—All loose or loosely adherent paint shall be removed by 
craping, sandpapering, etc. Where necessary, old paint shall be removed by burn- 
ing or with paint and varnish remover, as may be agreed. 

ill work shall be carefully dusted before painting. Rough spots shall be smoothed 
by sandpapering, and defective spots shall be properly treated. 

The paint used and the restrictions in regard thereto shall be the same as specified 
for new work. 

One or two coats shall be applied, as may be mutually agreed upon as necessary. 

Within the limits of composition as above noted, the reductions necessary for the 
several coats shall be in the.discretion of the painter. 

Iron and steel (excepting galvanized iron). — -All loose mill scale and all rust shall be 
thoroughly removed before painting by the use of hammers, scrapers, and wire 
brushes, and all grease shall be carefully washed off with benzine. Three coats of 
paint shall be applied. 

The pigments for the priming coat shall consist of 85 per cent iron oxide and 15 
per cent zinc oxide. It may be purchased either in paste or ready-mixed form with 
the zinc oxide incorporated in the process of manufacture, or it may be incorporated 
by the painter by means of suitable and proper apparatus. (The oxide used shall 
contain no free sulphur, sulphates, or acid, and shall contain not less than 60 per 
cent of pure unhydrated ferric oxide, without admixture of any- compound of cal- 
cium, barium, aluminum, or magnesium.) The oil contained shall be pure raw 
linseed oil. The only constituents allowable besides those named shall be turpen- 
tine or benzine and liquid dryer, which shall be free from resins or gum resins and 
resin compounds — in other words, the dryer shall be a pure oil dryer, reduced if 
desired with turpentine or benzine or both. 

The second and third coats shall be any approved pure lirseed oil paint of the 
desired color, though it is specified that where white or a tint requiring the use of 
white is necessary the white paint used shall conform in all respects to the specifica- 
tions governing similar paint on woodwork. 

For repainting the specifications shall be the same as for new work, with the omis- 
sion of the specification in regard to the priming coat, all loosely adherent paii.t to be 
removed before painting, all rust to be removed by sandpaperirg or scraping, and bare 



72 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

spots to be given a preliminary coat of paint, which shall be allowed to dry properly 
before the first coat is applied. 

Galvanized iron and copper. — Specifications for painting galvanized iron and copper 
to be found in Appendix — , attached hereto. 

Cement and concrete. — Specifications for painting cement and concrete will be found 
in Appendix — , attached hereto. 

• 

INTERIOR WORK. 

Woodwork. — For interior woodwork when painted the same specifications shall for 
the present apply as for exterior woodwork. 

Plaster and cement surfaces (excepting floors). — If the surface to be painted shall have 
stood less than one year it shall be treated before painting with a saturated solution 
of zinc sulphate in water (about equal parts by weight of each). The surface shall be 
thoroughly coated with this solution applied by a broad, soft brush (a kalsomine brush) 
and allowed to stand not less than 48 hours before painting. The priming coat on such 
surfaces, whatever the subsequent finish, shall be made from a flat wall paint or wall 
finish containing oxide of zinc, lithopone, etc., but free from pigments containing lead 
in any form. To this paint, for the priming coat, shall be added about 30 per cent of 
pure raw linseed oil. 

If the finish desired is a flat washable finish, the subsequent coats (one or two as may 
be desired) shall be the same paint as the priming coat, excepting that no oil shall be 
added by the painter. 

If an oil paint finish is desired the subsequent coats (one or two as may be required) 
shall be any approved pure oil ready-mixed paint, conforming to the specifications for 
exterior work, excepting those cases in which lead pigments would be of no advantage 
or undesirable, in which cases an approved lithopone may be substituted for the lead 
pigments. In the latter case no dryers or other lead compounds shall be added. 

Enamel finish. — Where such finish is to be produced on plaster or kalsomined sur- 
faces the preliminary treatment and the priming coat shall conform in all respects to 
the foregoing specification, the priming coat being what is commonly known as "flat 
wall finish," which, if white or a tint is required, shall contain oxide of zinc as an 
ingredient. The color to be selected for this priming coat is left to the judgment of 
the painter, in accordance with the effect required in the completed work. 

Over the priming coat not less than two additional coats shall be applied, the exact 
number of coats to be specified in each case. If only two coats besides the priming 
coat are erquired, the first of these coats shall be an enamel paint or varnish of accepta- 
ble quality, and the finishing coats shall be composed of similar enamel and an ap- 
proved flowing varnish in equal proportions. 

If the enamel used contains any white pigment not less than 50 per cent ol* such 
white pigment shall be oxide of zinc. 

If more than two coats are desired in addition to the priming coat the first and 
second additional coats shall be as above specified, and the third or finishing coat shall 
consist of an approved flowing varnish to which shall be added only enough ot the 
enamel used in the preceding coats to give the varnish a distinct tint. 

If a rubbed finish is desired each enamel coat shall be rubbed to a perfectly smooth 
surface by the use of whiting and linseed oil; but where two or more coats of enamel 
are applied over the priming coat, all excepting the last coat may be rubbed with 
rotten stone or powdered pumice and water, in which case each coat must in addition 
be rubbed with curled hair. The finishing coat shall be rubbed to a smooth finish 
with curled hair, and if a gloss finish is required shall be finished by rubbing with 
chamois skin. 

Enam'l finish on woodwork. —The same specifications as tor work on plaster shall 
apply, with the exception of the priming coat, which shall be (he same enamel paint 
or varnish that is used for the succeeding coat, excepting that it shall be within the 
discretion of the painter, if he deem-! it advisable, toincrease the fluidity of the priming 
coat by the addition of pure linseed oil, pure gum turpentine, or both. 

Mr. Dewau. In what portion of this specification, whore he gives 
the consumer or the master painter advice as to how he should go 
about trying out the intent of these specifications. It says [reading]: 

The oxide used shall contain no free sulphur, sulphate, or acid, and shall CDitain 
not less than 60 per cent of pure unhydrated ferric oxide, without admixture of any 
compound of calcium, barium, aluminum, or magnesium. The oil contained shall 
be pure raw [inseed oil. 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 73 

Now, how in the world is the consumer, the master painter who 
mdertakes to carry out this specification, to know that he is getting 
mre oxide of iron if the package does not contain the analysis of its 
ontents ? 

Mr. Heckel. Will you read the note 1 May I answer that ? 

The Chairman. Certainly; I understand it is a question addressed 
o you. 

Mr. Heckel. This is the general paint specification for painting 
vork on the properties of the New Jersey Zinc Co. These "formulae 
lave been determined after very long tests as the best and most satis- 
factory requirement. They have not been sent out broadcast by 
my means, and were not intended especially for master painters. 
They were given to any master painter who is interested in them, 
md were sent to engineering architects who are interested in the 
ubject of the preservation of steel structures. Paint such as that 
will never probably appear in commerce. It involves what is known 
as the inhibitive principle and is merely a discovery on the part of 
the New Jersey Zinc Co. That zinc is a preventer of corrosion and 
:he zinc is introduced with the cheapest of the ordinary earth colors, 
naking a cheap priming for steel. That is all there is to that. 

Mr. Dewar. I have here a can purchased in the open market. I 
would ask the gentleman what are the contents of that can from the 
eading of the label (referring to Exhibit M- B) . 

Mr. Heckel. From the reading of the label — may I ask you a 
question — would you be bound on reading the label 1 

Mr. Dewar. I am asking you what you would construe the con- 
tents of that can to be by reading the label ? 

Mr. Heckel. I would not construe it at all by reading the label. 

Mr. Dewar. What does the label say? 

Mr. Heckel. I would do exactly as you do; I would test the paint 
and see what the thinning value was. 

Mr. Dewar. I would ask what the label reads. 

Mr. Heckel. Gibbsboro black. 

Mr. Dewar. It says " Lampblack." 

Mr. Heckel. Gibbsboro lampblack. 

Mr. Dewar. Now I would ask you what that label says. 

Mr. Heckel. Refined lampblack. Lawrence colors, with the 
carbon given as 100 per cent, and I will say also that there is no 
guaranty that that is a high quality of lampblack from the analysis 
given there. 

Mr. Dewar. The analysis contained on the package says that 

the contents of this package is 100 per cent carbon black." The 
package reads " Refined lampblack." That is the can you hold in 
your hand, Senator Reed. 

(Exhibit M-B being the first package shown to witness and Exhibit 
M-C the second package shown to the witness.) 

Mr. Dewar. That package labeled Gibbsboro lampblack was pur- 
chased in the market. Twenty-five cents per pound was paid for it. 
The chemist analyzed it, and I offer as an exhibit the analysis of the 
contents of that package. One hundred per cent pure carbon was 
then selling at 25 cents a pound. 

The analysis is as follows [reading]: 

Article, Gibbsboro lampblack. Reported March 6, 1915. Made by John Lucas 
<fe Co. Carbon (lampblack), 55.46 per cent; barium sulfate (barytes), 44.54 per cent; 
total, 100 per cent. 



74 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Mr. Meckel. May I make a remark with regard to that ? 

Senator Cummins. I think he is asking you something. 

Mr. Heckel. Under the law proposed forbidding misrepresenta- 
tion and misbranding, and under the present Pennsylvania law, if 
your analysis be correct, that label could not be used on those goods. 

Mr. Dewar. That label shows an adulteration with barytes. 

The Chairman. The label shows what? 

Mi*. Deavar. The contents of the package referred to shows adul- 
teration with barytes of over 44 per cent. Barytes costs less than 
1 cent a pound. Twenty-five cents was paid for that pound in the 
open market, of which 44 per cent was barytes, costing the manu- 
facturer less than 1 cent. Therefore, gentlemen, the necessity for 
the formula label. 

The Chairman. What did you say about this other one, marked 
""Refined lampblack"? 

Mr. Dewar. The analysis on the package must speak for itself. 

Mr. Heckel. May I ask would you use that without testing the 
thinning value of it? 

Mr. Dewar. Probably there are not a hundred painters or con- 
sumers in this country who know how to test their colors. 

Mr. Heckel. Will you answer the question: Would you buy that 
simply on the formula, or any other colors? 

Mr. Dewar. Yes, sir; I would when the United States Govern- 
ment is behind it. 

Mr. Heckel. Will you buy it under the Pennsylvania law or the 
North Dakota law, any article simply on the formula ? 

Mr. Dewar. We will get to the Pennsylvania law in a minute. 
There is something I want to ask you about it. Now, Mr. Heckel, 
is it not a fact, and is it not a very significant fact, that of the 10 
leading manufacturers in the United States only one has a factory 
in a State demanding the label law ? 

Mr. Heckel. And also largely in the States demanding the label. 

Mr. Dewar. Putting on the formula label as asked for bv the 
Kenyon bill upon all the goods. Is that not a fact ? 

Mr. Heckel. That, so far, is a fact. 

The Chairman. I do not understand the question put in that 
form. Did I not understand you to ask the witness if it is not a fact 
that all of the paint manufacturers except 10 

Mr. Dewar. No, sir; 10 of the leading manufacturers of this coun- 
try put on the label as required by this bill upon all goods, and will 
continue to do so right along, notwithstanding the obstacles that 
the gentleman who preceded me has stated. 

The Chairman. Have you that? 

Mr. Dewar. I have it here; yes, sir. 

The list is as follows [reading[: 

States having paint laws in force at the present time: North Dakota, South Dakota, 
Minnesota, Nebraska, Iowa, Ohio, Pennsylvania, Vermont, Massachusetts, and 
California. 

Paint manufacturers who place the formula label at the present time on all of their 
paints, in conformity with the requirements of the Kenyon paint bill: John W, 
Masury <k Son, Brooklyn, N. Y.; Harrison Bros. Co., Philadelphia, Pa.; W.W.Law- 
rence & Co., Pittsburgh, Pa.; Acme White Lead & Color Works, Detroit, Mich.; 
Heath & Milligan Manufacturing Co., Chicago, 111.; Patton Paint Co., Milwaukee, 
Wis., and New Jersey; Campbell Glass & Paint Co., St. Louis, Mo.; Lincoln Paint & 
Color Co., Lincoln, Nebr. : National Lead Co., New York, N. Y.; Sherwin-Williams 
Co., Cleveland, Ohio. 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 75 

- Mr. Heckel. That is the same as the Acme. That is only the 
jincoln branch of the Acme. 

Mr. Dewae. It is the National Lead Co., New York; Sherwin- 
Williams Co., Cleveland, Ohio, and others. Gentlemen, those are 
the leaders of the paint manufacturers in this country, and notwith- 
standing the obstacles 

Mr. Heckel. I take exception to that. 

Mr. Dewar. Notwithstanding the obstacles this gentleman pre- 
ented they will continue to put on the formula. 

Mr. Heckel. The National head Co. does not put on the formula 
on its packages. 

Mr. Dewar. I am sorry I have not one of them with me. It 
hows 100 per cent carbonate lead — 99 and a fraction. 

Mr. Heckel. They manufacture colors and paint also. 

Mr. Dewar. Now I am going to ask Mr. Heckel if the Pennsylvania 
aw will ] rotect the users of mixed paint ? 

Mr. Heckel. Quite as much as the formula law and probably 
setter, in my opinion. 

Mr. Dewar. In what respect docs it protect? If a man, for 
instance, a paint ml nufacturer, calls his paint "John Brown's 
mixed paint/ 1 is it not possible for him to make that print as vile 
as possible ? 

Mr. Heckel. Undoubtedly. 

Mr. Dewar. Using 100 per cent barytcs, or 100 per cent barytes 
and whiting ? 

Mr. Heckel. Xo. 

Mr. Dewar. And ; s a vehicle have 39 per cent water, and the law 
of Pennsylvania would not touch him. Why? Because he cb ims 
nothing for its composition but everything for its virtue. 

The Chairman. Are you asking questions now? 

Mr. Heckel. Mr. Dewar is making a speech, not asking questions. 

Mr. Dewar. I am asking a question. 

Mr. Heckel. I say that is entirely a special pleading of the case. 
As far as the question is involved; I have answered it already. 

The Chairman. Let me ask you a question. Would it, or would it 
not be possible under the Pennsylvania law for a man to make what is 
termed mixed paint ? 

Mr. Heckel. Yes, sir. 

The Chairman. And without putting any label whatever upon the 
receptacle and selling it as simply mixed paint ? 

Mr. Heckel. I think he would find it would be hard to sell it with- 
out anything else. 

The Chairman. If he could find purchasers ? 

Mr. Heckel. Yes, sir. 

The Chairman. If he sold it in that way there would be nothing 
under the Pennsylvania law by which to punish him. If he used 
adulterated oil or turpentine or substituted for good pigment inferior 
material, there would be nothing in that law to touch him ? 

Mr. Heckel. No more than if you made a bad pie and sold it as pie. 

Mr. Dewar. I am going to ask the gentleman if the analyses in 
these two bulletins, one of last year and the other of several years 
ago, showing paint with as high as 100 per cent inerts, and paint con- 
taining water as high as 39 per cent in lieu of linseed oil, are correct ? 



76 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Mr. Heckel. I never heard of paint containing 100 per cent of 
adulterant. 

Mr. Dewar. Would you doubt the author, the chemist ? 

Mr. Heckel. If he said paint contained 100 per cent of adultera- 
tion I would, because that would not be adulteration. 

Mr. Dewar. One hundred per cent inerts, we will say. 

Mr. Heckel. What kind of paint would that be ? What would 
be the object ? You can not make paint out of pure barytes. 

Mr. Dewar. There is an analysis here that shows a number of 
them as mixed paint. 

The Chairman. What are you referring to ? Who made this 
analysis ? » 

Mr. Dewar. Prof. Ladd ; Commissioner of North Dakota, who has 
made the paint problem a study. 

Mr. Heckel. You will not find 100 per cent adulteration in any 
of them, because there must be some coloring matter in them, and 
that is not adulteration. 

Mr. Dewar. There are two of them right here. 

Mr. Heckel. Please read the formula. You have referred to 
paint being sold with 100 per cent of adulteration. 

Mr. Dewar. No; I say inerts, 100 per cent. I will take the word 
''adulteration" back, because there is no standard of paint: there 
are some good, some bad, and some indifferent. 

Mr. Heckel. Will you let me know what that 100 per cent of 
inerts are ? 

Senator Cummins. Here is a table that is headed "Brand/' showing 
15 per cent and over of inert material. 

Mr. Heckel. That is fair. I think Mr. Dewar will say that 15 per 
cent is pretty good. 

Senator Cummins. Then follows a list of paints beginning with 
'"Cottage colors, Hammonds' Paint Works." That is 16.82 inerts. 
What that means I do not know. Then it closes with "Mephisto 
barn paint, 100 per cent inerts." 

Mr. Heckel. I think there is a mistake in that analysis. I would 
doubt that analysis if that is the case. If it contained 100 per cent 
inerts there would be no color, as far as I could see. I do not know 
of any inert material. If I did I would like to get a patent on it. 

The Chairman. What do you mean by inert ( 

Mr. Heckel. Inert matter is uncolored or white pigments without 
chemical activit}^ in the presence of the liquids used. 

Senator Cummins. Perhaps if I read from the beginning it will be 
understandable [reading] : 

In the following table we have arranged a list of those paints containing more than 
15 per cent of what is usually termed as "inert material." We have not included 
white lead, lead sulphate (sublimed lead), zinc oxide, color, or undetermined matter; 
all other ingredients in the pigment have been classed as inert material. We have 
not, however, mentioned those brands of paint which carry large quantities of benzine 
and water, and which, to a considerable extent, in cheapening paints may be said to 
take the place of the inert material in the pigment, so far as barytes and chalk are 
concerned. 

We have therefore arranged in order of per cent all those brands of paints where the 
amount of inert material is in excess of 15 per cent. 

Mr. Heckel. Fifteen per cent, I think Mr. Dewar would say him- 
self, is not excessive in a good many kinds of paint. But, on the other 
hand, without some further explanation, I doubt the paint containing 
100 per cent of inert material and no other pigment. It is impossible 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 77 

to make paint with no inert pigment that I know of, constituting 100 
per cent of the pigment. However, that is a detail. 

Mr. Dewar. It is a fact that you can make paint out of whiting and 
out of barytes, which is largely used in mixed paint. I want to ask if 
it is not a fact that the great agricultural classes of this country use 
mixed paint and in going to the stores 

The Chairman. Let us consider one thing at a time. You ask if it 
is not a fact that they use mixed paint. 

Mr. Heckel. All paint materials are used in mixed paint. Mr, 
Dewar uses practically all classes. 

The Chairman. He is asking you a question whether it is not a fact 
that the agricultural classes of the United States use large quantities 
of mixed paint ? 

Mr. Heckel. Yes, sir; and you probably know that the largest 
railroads are very large consumers, and the Government is becoming 
more and more largely a consumer of mixed paint. 

Mr. Dewar, Is it not a fact that by section 10 of this bill, that 
requires the analysis label to be placed upon the package, if that will 
not take awaj" protection from the consumer of mixed paint ? 

Mr. Heckel. No. 

Mr. Dewar, By reason of the fact that when a manufacturer 
makes a mixed paint, if this is stricken from the bill, he will simply 
call it John Brown's or William Jones's paint, claiming nothing for 
the vehicle or any of the constituents, and thereby the consumer 
running the risk of buying barytes and whiting and water for oil. 

Mr. Heckel. I can answer your question now. 

Senator Cummins. That is not a question. 

Mr. Heckel. As Mr. Dewar is not there to advise those people, 
they would not know by the formula any more than without it. 

Mr. Dewar. Water is there. 

Mr. Heckel. Sometimes water is very good in paints, as you know. 

Senator Cummins. Is this not true, that if the formula is required 
even though the ordinary purchaser does not read it, the manufac- 
turer will be much more likely to observe the requirements of the 
law? 

Mr. Heckel. I think, Senator, that the word ll compound'' where 
a definite name is used is actually more of a protection to the con- 
sumer than the formula, and as I said in the beginning of my re- 
marks the formula is a false and misleading standard. If I had 
known this was going to develop in this way, I would have had a 
man down here to show you and demonstrate the truth of what I 
say. That can be done and is done. 

Senator Cummins. The formula may not always lead a man to the 
truth, but it never can lead a man into error, can it? 

Mr. Heckel. I think that is the tendency. It has the tendency 
to make a man produce the formula in the cheapest way, excepting 
those that have their reputations to sustain. The safest thing is the 
reputation and ability of the man who makes the paint. 

Senator Cummins. That inheres in all business. The question is 
whether something more is not required than the reputation of the 
manufacturer or the seller. 

Mr. Heckel. Yes, sir; forbidding misbranding. 

Senator Cummins. And the argument that leads to that con- 
clusion is an argument against all legislation on pure food or pure 



78 PREVENTING TILE MAN UEACTURE OF ADULTERATED OIL, ETC. 

drugs, or everything of that kind, if the manufacturer or producer 
is to be relied upon for the production of a good article. 

Mr. Heckel. There is a good deal of difference between a man's 
stomach and a man's house. 

Senator Cummins. Yes; there is a difference. 

Mr. Heckel. And medicines and foods are on very distinct 
organized chemical standards. We know what we are about when 
we are producing medicine, or we think we do. 

Senator Cummins. If you have any proof that the label, or the 
statements on the label of what the thing really is, and of what it is 
composed, will be likely to deceive those who use the product, I 
would like to hear it. 

Mr. Heckel. I thought I had explained that at least from my 
point of view — that a man can duplicate; you can make a good 
paint or a bad paint with the same formula and the formula will be 
the same on the package. Now, it costs less to make a bad paint 
than it does to make a good paint. 

Senator Cummins. But there would be still left the protection of 
the name of the manufacturer. 

Mr. Heckel. The protection of the name of the manufacturer re- 
mains still. Why hamper industry, then ? 

Senator Cummins. Because that does not protect individually. 

Mr. Heckel. But the label does not protect individually. 

The Chairman. Let me see if I get your idea, which you have not 
expressed very clearly, I think. Is it your idea that if the Govern- 
ment requires all paint manufacturers to put a label on the package, 
giving the contents, that that will lead people to buy on the label ? 

Mr. Heckel. That is, if it has any effect. 

The Chairman. And if a poor-paint manufacturer — I mean 'a man 
who manufactures inferior paint, because it is not properly mixed — 
would put on his can a label stating that " this is made out in conform- 
ity with the formula prescribed by the Government, and contains 
such and such ingredients," thereby the people will buy, believing 
they have something with a Government guaranty back of it; 
thus, a man making inferior paint will be able to sell his paint on the 
Government guaranty, or what will be taken by the public as a 
Government guaranty, while in fact not one, and he will gain an 
advantage in that way, and the public will buy, thinking they are 
getting good paint, when in fact they are getting poor paint. 

Mr. Heckel. It is done right now in label States. 

The Chairman. That is your idea. 

Mr. Heckel. Yes, sir, 

The Chairman. Whereas, on the other hand, you should simply 
require the man, when he prints anything, to print the truth ? 

Mr. Heckel. Yes, sir. 

The Chairman. And then when a man buys a thing that does not 
contain an analysis, he knows he is taking all sorts of chances, and is 
more likely to rely on the reputation of the house making the paint 
than upon anything else? 

Mr. Heckel. Yes, sir. 

The Chairman. But he is not very likely to get imposed on. That 
is your idea ? 

Mr. Heckel. That is my idea to some extent. The other is that 
the larger manufacturers who sell in all States — they are called the 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 79 

lational distributors — have been required to place the formula on the 
can by some of the States. It is an advantage to them to some ex- 
tent, and not a great inconvenience to every large manufacturer to do 
that — that is, the larger the business, the easier the cost and trouble, 
etc. But that is a hardship to the small manufacturer, a very great 
hardship, and very great expense, and the tendency of all this minute 
legislation is not to prevent dishonesty and fraud, prescribing what 
path he shall walk, and how he shall walk it. The tendency is 
always to eliminate the small man and create the trusts or combina- 
tions, or the understandings, as far as the Government regulations 
will allow it, and in the end, with these regulations the manufacturer 
will be between the devil and the deep sea, and I suppose the deep sea 
will get him. 

Mr. Gibbs. May I put a statement in the record, Mr. Chairman? 

The Chairman. Is this in the form of a question? 

Mr. Gibbs. No, sir; it is not in the form of a question. 

The Chairman. Have vou anvthing further that you care to say. 
Mr. Heckel? 

Mr. Heckel. No, sir. 

The Chairman. The committee will hear Mr. Gibbs. 

STATEMENT OF H. R. GIBBS, GENERAL MANAGER T. H. NEVIN 
CO.; ALSO PRESIDENT OF THE PAINT MANUFACTURERS' 
ASSOCIATION. 

The Chairman. You may state your name, business, and residence. 

Mr. Gibbs. My name is H. R. Gibbs; I am general manager of the 
T. H. Nevin Co., Pittsburgh, Pa. 

The Chairman. T. H. Nevin & Co. are paint manufacturers, are 
they ? 

Mr. Gibbs. Yes, sir; and we are one of the smaller manufacturers, 
and that is the reason I ask the privilege of speaking. 

The Senator asked sometime ago how many times you had to 
change your formula, and inquired as to the cost of changing the 
formula. When the Ohio law went into effect, it was originally a 
label-formula bill. We started to get ready to label our materials — 
the small manufacturers. We have chemists under contract, but 
we do not have a laboratory in our factory. We prepare ready 
mixed paints only, which is a small part of the line, and the labels 
for the cans will just read ' 'Mixed paint." Two lines of ready mixed 
paint cost us over $150. Fortunately the label portion of that bill 
was withdrawn, so we did not have to apply the labels, but to-day 
I do not know one of the formula that were in effect at that time 
that are in effect now. We have not reduced the quality of the 
material; on the other hand, we have improved the quality of our 
material and it runs all down through the line. 

Now, with regard to the small manufacturer which you speak of 
changing the labels, that is just one change; that is just on one or two 
lines of goods. Those were not on the face of the label. They were 
simply stickers and put on the can to conform to the Ohio law. In 
case we had that law in effect, it is a question in my mind whether we 
would have gone to the expense, because it would have meant several 
hundred dollars to us — and hundreds of dollars to us mean more than 
thousands of dollars mean to those national distributors. 



80 PREVENTING Til E MANUFACTURE OF ADULTERATED OIL, ETC. 

A change in the formula will work a hardship to every small manu- 
facturer — and by small manufacturers I mean manufacturers who 
will do from $350,000 and down to $25,000 — it will work a hardship 
on them and cause an expense that will be an awful hardship and will 
tend to standardize their labels. 

There is one other thing which I wish to mention — hi fact there are 
two other things which I wish to state in answer to a question the Senator 
asked. One of the things with regard to the smaller manufacturer — 
and Mr. Heckel mentioned it just in passing — is that it gives the pirates 
a chance — and by pirates I mean, a man, for instance, who has one 
mill, perhaps, and one man besides himself, and he will go out and 
advertise " Pioneer paint," which is our brand, and give you the same 
formula as the other paint and do it for 50 cents per gallon less, and 
they can not give you the same material to save their lives, because 
it is not put together right. They can give you the same chemical 
analysis. Speaking of chemical analysis of blamp black, I will say to 
Mr. Dewar, and he will day the same thing, that you can buy lamp- 
black for 8 cents a pound — I am talking about the old prices, not the 
new prices, because nobody knows what they are now. 

You can buy lampblack for 8 cents a pound and for 2\ cents a 
pound, and the chemical analysis is exactly the same, and you can 
put them in the can at 99.8 per cent — that is, what we put on the 
can, if we put anything on — 99.8 pure carbon, and one is good lamp- 
black, such as I judge that can is, and the other is bad. 

The Chairman. Why is that? 

Mr. Gibbs. I am not familiar with the manufacture of lampblack, 
but my idea is that the lampblack is manufactured from oils which 
are burned, and that the lighter lampblacks go near the top of the 
kiln and the other lampblacks settle down at the bottom; is that 
correct ? 

Mr. Heckel. It is a question of complex carbonization. 

Mr. Gibbs. The Senator asked what benefit would arise to the 
manufacturer if this paragraph of section 10 was stricken out. I 
have always believed in full weight, net measure, no misleading 
brands, and no misleading advertising. I have always sought for- 
mula-label legislation. In the first place the benefit is this: We have 
been bothered in Pennsylvania — we will not be any more, I hope — 
with short measure. It was a very common thing to have a 7-pin t 
gallon can. We have been bothered with turpentine coming into 
the State which was not pure and linseed oil coming into the State 
which was not pure, and the fact is that the consumer as well as the 
manufacturer are benefited. The manufacturer is greatly benefited 
by the law, such as we have in Pennsylvania, in my opinion. 

I thank you very kindly for allowing me to say this much. 

Mr. L. H. Fehsenfeld. Mr. Chairman, may I ask a question about 
these two cans of black ? Is it not a fact, according to your experience 
as a manufacturer, that a lampblack or any other color which may be 
so-called adulterated may have greater strength than a can of so-called 
pure Lampblack or pure something else \ 

Mr. Gibbs. That is rather a hard question to answer. It depends 
upon the amount of adulteration and the kind of adulterant that you 
use. 

Mr. Fehsenfeld. And the strength of the colors ? 
Mr. Gibbs. Yes; the strength of the colors. 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 81 

The Chairman. Is there any other gentleman who desires to be 
eard in opposition to this bill or who desires to suggest any changes 
i the bill ? 

We will hear Mr. Walker, if he is ready, make a statement. 

TATEMENT OF MR. P. H. WALKER, BUREAU OF STANDARDS. 

Mr. Walker. May I make one suggestion ? I am neither an oppo- 
ent nor an advocate of the bill; but section 4 was apparently drawn 
nder a misapprehension as to where this paint work is done. It pre- 
cribes that the examination shall be made in the Bureau of Chemistry 
f the Department of Agriculture. In July, 1914, all paint work that 
ras done there was transferred to the Bureau of Standards of the 
)epartment of Commerce. 

I state this simply to give the committee information where work 
f that kind is being done at the present time. 

Mr. Gibbs. Gentlemen, just one more word in regard to the chang- 
ig of formulae at the present time — and, understand, I am speaking 
rom the small manufacturers' point of view. I want to emphasize 
be small manufacturers' standpoint. At the present time, under the 
onditions that exist in the paint industry, as well as various other 
idustries, it has been absolutely necessary for us to change some of the 

tablished formulas and at times substitute material because we could 
ot secure it. The Senator spoke with reference to the cost of the 
ibels. It not only means delay, but in many instances we are put- 
ing in material that costs us much more than the original formula 
alls for. 

The Chairman. Is there any other gentleman who desires to be 
eard? 

Mr. Felton, we would like to hear you. 

STATEMENT OF J. S. FELT02ST, OF FELT02T, LIBBY & CO., 

PHILADELPHIA, PA. 

The Chairman. Is your firm a firm of paint manufacturers? 

Mr. Felton. Yes, sir. 

The Chairman. What is your connection with the business ? 

Mr. Felton. I am president of the company. 

The Chairman. Are you a practical paint man ? 

Mr. Felton. Not from actual work in the factory, no, sir. 

The Chairman. Are you familiar with the business from your expe- 
ence in connection with it ? 

Mr. Felton. Yes, sir. I simply wish to say we will indorse the 
assage of this bill with the suggestions made by Mr. Heckel; that is. 
le provision with regard to testing the linseed oil and turpentine to, 
onform to the standards of the American Society for Testing Mate- 
als, and with the formula-labeling section, section 10, eliminated. 
Ve hope the bill will be passed for the reason that we think it will 
aen afford ample protection to all concerned and will not work a 
ardship on the manufacturer. We are one of the small manufac- 
turers referred to by Mr. Gibbs. 

The Chairman. You say you are a small manufacturer. Will you 

11 us the amount of your annual business, approximately? 

37818—16 6 



82 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Mr. Felton. Well, we do from $300,000 to $400,000 of business a 
year. 

The Chairman. Do you sell generally all over the United States, 
or in a limited territory ? 

Mr. Felton. We sell in the Eastern and Central States only. 

The Chairman. Do you sell in any of those States where labels 
are required ? 

Mr. Felton. We do not. At the time the Ohio law was passed 
requiring the formula label we did then have to change a great many 
of our labels. It was quite an expense to us. That was simply on 
the line of colors. If that had applied to all of the many lines of 
goods that we make it would have been an enormous expense, and, 
while a great burden to us, would not be of any practical benefit to 
the consumer. 

The Chairman. We will hear Mr. Gregory at this point. 

STATEMENT OF E. D. GREGORY, REPRESENTING THE FRASER 
PAINT CO. OF VIRGINIA AND DETROIT. 

Mr. Gregory. I wish merely to enter our complaint as a small 
manufacturing enterprise getting a foothold in the commercial 
world against the giants, and their prestige and their influence which 
is great enough as it is. 

In our judgment a law requring a formula label would practically 
force us out of business and force our business to the large concerns 
which are large enough to have printing establishments of their own. 
In a very few moments, they can send downstairs and have labels 
changed and modified and with little loss of time, whereas, the small 
manufacturer must dicker with the printer outside even if he wants 
only a thousand labels, and he has to buy those labels at considerable 
cost, entailing loss of time and loss of money and aggravation con- 
nected with it. He is not large enough to observe that, nor is he large 
enough to observe the chemical advice, the constant chemical advise, 
the necessity for close analysis of every article received. He judges 
it, as a rule, in a larger way, and in a more practical way. He tests 
the color and finds it strength which is the real point on which the 
decision should be made in the matter of color, and not exactly by 
its chemical ingredients. 

Now, referring to these cans, I do not know the contents of either 
of them but suppose that one, according to its label, is absolutely 
pure lampblack and the other is said to contain 40 per cent of inert 
material. I have gone into this very carefully and I think I have 
studied carbons. The 40 per cent adulterated lampblack may be a 
much better purchase by over 100 per cent than the 100 per cent 
lampblack. The same oil made into lamp black can produce many 
different grades of different tinctorial strength, or different lasting 
qualities. 

We have contracts for lampblack running from 3 cents a pound t( 
10 cents a pound, and some of the very higher blacks are worth 2' 
cents a pound. It is a question of arithmetic that does not puzzk 
anyone, to see whether the lampblack called "Gibbs Bros.' lamp- 
black" assuming this as a possible case — is made of 10 per cent lamp- 
black, and there is 60 per cent lampblack in it and is of more valu< 
than the 100 per cent lampblack that costs 3 cents a pound. Ii 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 83 

oth cases they are chemically pure. Consequently it is something 
eside chemical purity. It is a question of its tinctorial strength, and 
r hat it does in a practical way. 

The small manufacturers of the country are forced to make their 
ests in a practical way, and we think that all one has to do to lose 
usiness is to furnish unworthy material once. We do not need any 
nnishment. That is the way rumor spreads — that somebody has 
old a bad quality of paint to some manufacturer. They will never 
utlive it. The formula label is not hah such punishment as would 
e a notice given to the community that a certain manufacturer has 
old bad paint. Consequently, his only safeguard is in furnishing 
*orthy material. The small manufacturer is even more careful than 
be large manufacturer, because he has not the prestige to go on and 
mst furnish worthy material at ail times. He is a taxpayer and has 
o deal even more correctly with his customer than the large man. 
he president of a company may go out soliciting orders and thereby 
cquires a first-hand acquaintance. 

Now, the protection that gives the consumer the greatest that can 
e given, in my humble judgment, a close first-hand acquaintance 
etween manufacturer arid consumer. I do not believe that the for- 
la label will give anything like the protection that may be secured 
rom the small manufacturer's close connection with the people that 
e sells to. 

The Chairman. May I interrupt you in your very interesting state- 
lent to ask you frankly if it is not a fact that there are lots of spurious 
aints put on the market that actually come in competition with good 
aints and which injure the market for the good paints ? 

Mr. Gregory. That is so; yes, sir. 

The Chairman. How can that be prevented ? That is what I want 
o kiow. 

Mr. Gregory. I was asked by a department store very recently to 
lix some paint. According to our standard, ifc was bad paint. I 
eclined to make it until the man in charge of the department said: 
Do you know that if somebody does not make a paint of that grade, 
hese people will not have any paint at all ? We are going to sell this 
aint at SI. 2 5 a gallon, and your good paint we would have to sell at 
2.50 a gallon. They are buying it for their own use. They are 
oing to put it on the house themselves. It will last two or three 
ears. We can not give them a highly standardized paint, formula 
ibeled, of the higher quality. They have to have paint and we must 
ive them the cheaper paint that they can afford to buy." I saw 
omething in the argument. Tnere are a good many people in this 
ountry who have to buy a second-class paint, or even a third-class 
aint. 

The Chairman. I am not speaking of the man who buys cheap 
mint, and who knows he is getting cheap paint. I am speaking 
bout the fraud in the trade — let us put it in plain English. 

Mr. Gregory. Well, insist that nobody shall misbrand. 

The Chairman. Do you think that goes far enough? 

Mr. Gregory. It goes as far as we can go at the present time. If 

hat does not work, something else may be used. If it is not effective, 

he formula label may be adopted. Now, it will work a tremendous 

ardship, whereas by working up gradually to the point, where the 



8 1 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

misbranding law proved ineffective, a less hardship will be worked, 
and it is a step in the right direction. 

The Chairman. Does anybody else desire to say anything? 

Senator Broussard. I would like to ask a question. You said 
something about misbranding. Would you mind giving us some 
illustration of what you term misbranding? How would you apply 
term in the trade? 

Mr. Gregory. If a man undertakes to sell pure white lead and it is 
not pure white lead, he should be punished. I think a man should 
put his name on everything he sends out; I think that is the greatest 
protection the public can have. 

I have heard something about inert materials in the little time I 
have been here. I am a believer in inert material in structural paint. 
I do not think any zinc is equal in certain cases to inert material. 

I have just had a report from a committee on paints. I am not at 
liberty to go further than just to report that at the end of five and one- 
half years the paint that we have made contains 85 per cent of inert 
material which as a rule is higher than any other paints in this 
country. There are some others, some of them costing 3 to 4 cents 
more than this paint with inert material, and it rated 97 per cent per- 
fect at the end of five and one-half years in a New York plant. 

The Chairman. Was that paint used on the outside of the build- 
ings? 

Mr. Gregory. Yes, sir; consequently, I do not think the statute 
on paint has gone far enough for the formula label to be feasible. 

The Chairman. Have you anything else that you desire to suggest ? 

Mr. Gregory. No, sir. 

The Chairman. If there are any other gentlemen who desire to 
make statements the committee will be glad to hear them. I will 
say to you that we are forced by the circumstances to be as brief as 
possible, although we desire to give everybody a full opportunity to 
express his views. We might abbreviate it as we did the other day, 
when the other side was being heard. When one or two gentlemen 
testified we asked the others if they agreed with the testimony, and 
they said they did. If there is nothing further to be said on that 
side the committee will hear what is to be said in reply. 

STATEMENT OF JOHN D. DEWAR— Resumed. 

Mr. Dewar. In closing, Mr. Chairman, I would say there is no 
prohibition on any manufacturer as to the class of paint he shall 
make, or be required to make, by the provisions of this bill. He can 
make his paint of any character that he chooses, the high-grade paint 
or the very, very low-grade paint, so long as he states the truth and 
puts the truth on the label on the package so that the consumer may 
not be deceived. 

I want to state that if section 10 of this bill requiring the formula 
label is eliminated, the whole meat of the bill is gone. Why? Be- 
cause it will not require the manufacturer to put the analysis label 
upon the package of his paint. 

Senator Broussard. What have you to say that as to two paints, 
as has been suggested here, containing the same ingredients and put 
together in the same manner, one may be good and the other bad? 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 85 

Mr. Dewar. Why, in the construction of a Steinway piano one 
man is given, or two men are given, the same lumber, the same 
vires, the same springs, and the same everything that enter into the 
construction of that piano, and when it is finished one is an abomi- 
lation to the artistic ear while the other suits and pleases everybody. 
.t is a matter of manipulation. 

Senator Broussard. I understand, but in that case the man who 
Duys the piano can buy a good one or a bad one if his taste is good 
)r bad. That does not meet the question I asked you. How would 
pou prevent, as a result through the formula system, the bad paint 
becoming good and the good paint becoming bad, as the result of any 
egislation ? 

Mr. Dewar. Do I understand you, Senator, to ask the question 
hat if the same ingredients enter into both paints one ought to be 
}ad and the other good ? 

Senator Broussard. I say what have you to say to the testimony 
that that will be the result ? 

Mr. Dewar. It is not possible. 

Senator Broussard. That is what I wanted to ascertain, and your 
eply was that in making a piano one might be good and the other bad. 

Mr. Dewar. I had reference to the use of the same materials. 

Senator Broussard. I judge you concur in the statement that one 
night be good and the other bad though the ingredients were the 
ame. 

Mr. Dewar. No, sir. 

Senator Broussard. You say now that if the same ingredients are 
Dut in the paint the result of the paint when mixed would bring the 
ame classification of paint in all cases ? 

Mr. Dewar. Yes, sir; if applied by the same man and under the 
ame conditions. 

Senator Broussard. I know; but you do not want here to have 
all packages branded to be made by the same man? Of course, 
there are different manufacturers. 

Mr. Dewar. I mean in the application of the same conditions. 

The Chairman. If you will pardon me, Senator, you mean if there 

are two classes of paint in two cans, both of them containing the 

ame ingredients, notwithstanding the way they have been mixed, 

as long as they contain the same ingredients a good painter will get 

the same result from both of them. 

Senator Broussard. That is what I have been trying to get at. 

Mr. Dewar. No, sir; he would not. 

The Chairman. Why would he not? 

Mr. Dewar. Because of the conditions that enter into it — in the 
application of that paint. There are conditions that enter into the 
application of paint as to its wearing qualities. 

Senator Broussard. Then we come to the point I was aiming at a 
while ago. If A and B are manufacturing paint and each uses the 
ame ingredients but have a different way of mixing the ingredients, 
the formula being the same in both cases, where is the consumer pro- 
tected by putting the formula on the label if A's result is bad and 
B's result is good ? 

Mr. Heckle. If you will allow me, that is a repetition of my 
answer, is it not ? 

Senator Broussard. Yes. 



86 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Mr. Heckel. My statement was that materials showing the same 
chemical composition and warning on the label, the same formula to 
be printed, in other words, showing by analysis the same composition, 
one may produce bad and the other good paint. I did not say the 
same original material. 

Senator Broussard. I misunderstood you. 

Mr. Heckel. The same materials and the same chemical compo- 
sition, you understand, may produce one a good and the other a bad 
paint. 

Senator Broussard. I want to know where the protection is going 
to be to the consumer through the label if by using similar labels 
different results are accomplished. 

Mr. Dewar. I do not know; if all things be equal and one turn 
out bad and the other good it must be by reason of the foundation 
upon which you apply the paint or the climatic condition — during 
foggy weather or wet weather. 

The Chairman. But you must assume the same condition clear 
through. 

Mr. Dewar. I could not say that there would be any difference. 

The Chairman. In other words, do you think if a man took 50 
per cent of white lead and 50 per cent of a certain coloring matter 
or certain other materials, and took oil that was analyzed in a certain 
way, and turpentine in a certain way and he mixed that up and made 
paint, and another man took the same materials and mixed them up 
and made paint 

Mr. Dewar. In identically the same way ? 

The Chairman. Not in identically the same way of mixing, but 
with the same identical ingredients, do you think the result woul 
be the same and they would be equally good paint ? 

Mr. Dewar. No, sir; because in the manufacture or the com 
bining of those and the working of them together there may be 8 
great difference. 

The Chairman. Now that can not be provided against by anj 
label. 

Senator Broussard. Where does the label protect? 

Mr. Dewar. The label would not protect you. It is only "th< 
proof of the pudding." 

The Chairman. Is not this true just the same, that if you put intc 
the paints pure materials, one of them being mixed well and th< 
other being mixed badly, so that one turns out a good paint and th< 
other an inferior paint, that the inferior paint is still better than i 
would have been if it had not had these pure materials put into it ? 

Mr. Dewar. I do not just grasp the question. 

The Chairman. You say that the way the various material 
entering into a completed paint are niixed, does affect the value o 
the paint. Accordingly it follows that a badly mixed paint woulc 
not give as good a result as a well-mixed paint. 

Mr. Dewar. That is true. 

The Chairman. But is not that badly mixed paint still bette 
because it has been made of the good materials ? 

Mr. Dewar. It certainly is, sir. 

Mr. Heckel. Every manufacturer will disagree with that. 

The Chairman. Mr. Fehsenfeld, we will hear you. 



PRETEXTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 87 

STATEMENT OF MR. L. H. FEHSENFELD, OF H. B. DAVIS St, 

CO., BALTIMORE, MD. 

Mr. Fehsexfeld. We do quite a large business with the Govern- 
ment. Some few years ago we shipped to the New York Navy Yard 
two carloads of the New Jersey company's XX zinc, ground in fine 
linseed oil. It was analyzed as strictly pure but by reason of some 
carelessness or condition of the mill or condition of the zinc, that 
shipment was condemned by the Government and yet it was analyzed 
by the New Jersey Zinc Co. as strictly pure zinc, and by the Govern- 
ment as strictly pure, and by three or four other chemists, and like- 
wise the oil was analyzed. There was a condition that we could not 
understand. 

The Chairman. How did they discover it, by using the paint? 

Mr. Fehsexfeld. They discovered it by the use of the paint, 
Mr. Heckel will probably remember that. 

Mr. Heckel. Yes, I remember it perfectly, and it is a very apt 
illustration of paints. 

Mr. Fehsexfeld. I suppose there were 15 chemists who passed 
on that shipment, and every one said it was pure. 

The Government finally accepted it, and yet the shipment was not 
perfect by a good deal. . r 

The Chairman. But the Government took it ? 

Mr. Fehsexfeld. The Government saw that we were absolutely 
innocent in the matter, and we made a concession, and they took it. 
In every way, shape, and form it was all right, but the appearance was 
very much against it and the working properties were very much 
against it. 

The Chairmax. If there is nothing else that you gentlemen care to 
state, we have with us a gentleman from the department, Mr. Walker, 
who will be heard. 

STATEMENT OF MR. P. H. WALKER, BUREAU OF STANDARDS— 

Resumed. 

The Chairmax. Mr. Walker, what have you to say to us with refer- 
ence to this label proposition; what is your opinion of it ? 

Mr. Walker. With reference to the formula label, you mean ? 

The Chairmax. Yes. 

Mr. Walker. My opinion is that practically all of the protection 
that can be given by legislation of this kind would be given by a law 
prohibiting misrepresentation. I rather agree with the statements 
that have been made by Mr. Heckel and the other gentlemen here, 
that the actual formula label may give a fictitious guarantee to infe- 
rior articles, especially in the case of colors, and that any protection 
that the consumer would get would be practically accomplished by not 
allowing the men to lie about their goods. There are of course cases 
where all parties demand formulas, and misrepresentation in a given 
formula would be just as much contrary to the law, if no formula was 
specifically prescribed, as if the formula clause was left in. 

The Chairmax. What do you think about the proposition that 
has been advanced here, that if there is to be a formula it should not 
be written in this bill but that the Bureau of Standards should be 
authorized to prescribe the formula ? 



88 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Mr. Walker. You mean the specification as to what constitutes 
pure linseed oil — boiled and raw linseed oil, turpentine, etc. ? 

The Chairman. Yes. 

Mr. Walker. I think that some clause in legislation of this kind 
that allows the setting of a standard based upon quality upon any 
particular time — that is, setting the standard of what pure oil is, for 
example, by a competent authority — is perhaps better than specific 
limits given at this time. As an illustration, I may say that the 
specification that was drawn up by the American Society for Testing 
Materials, which Mr. Heckel has referred to, was only issued after 
~many years of work by a large number of men, and in doing that work 
exceedingly carefully authenticated samples of linseed oil were col- 
lected and examined in a large number of laboratories. We first 
issued a specification based upon the examination of those oils that 
prescribed, I think, an iodine number of not less than 178 and not 
more than 190. That appeared to be perfectly reasonable with the 
information that was before that committee. We kept on, however, 
examining other authenticated samples from succeeding crops of oil 
and we found, rather to the astonishment of most of the chemists, 
that we could get some oils with an iodine number above 190. 

Senator Broussard. What do you mean by an iodine number above 
190 ? I was not here at the beginning of this hearing. 

Mr. Walker. The iodine number is a chemical test that we apply 
to oils that identifies the character of the oil. Linseed oil is char- 
acterized by an exceedingly high iodine number. It is determined 
by a certain specified method of test, and we use it as an identifica- 
tion of different kinds of oil. 

The Chairman. Senator, I will say for your information, that it 
was explained here, as nearly as I can reproduce the explanation, 
that one of the valuable qualities of linseed oil was its absorption 
of oxygen in the air; in other words, its rapidly drying qualities, and 
that in order to ascertain that quality they employed iodine, and 
the amount of iodine that it will absorb determines its properties 
as an atmospheric absorbent. Have I stated that with reasonable 
correctness ? 

Mr. Walker. Yes, sir. I am not so sure that the iodine number 
is a measure of its given absorption; I think that is, perhaps, ques- 
tionable, but the main point is that the iodine number is an additional 
means of identification, just as we identify any substance by its color, 
its odor, and its weight. We want to get 'other things that we can 
not detect with the eye and nose to be able to say truthfully that 
this material is as represented. Now, the iodine number is one of 
those properties. It answers a certain test in the laboratory — that 
is practically what it is. It answers to that test. It is a technical 
expression. 

Now, to go back to this specification that I spoke of, it was only 
after we had issued it first with this maximum number of 190 for the 
iodine that we found that undoubtedly pure linseed oils were being 
produced from pure seed grown in North America which had an 
iodine number above 190. So that the society committee recom- 
mended that we change that specification. They arc also working 
on other tests for linseed oil which, when they become developed, 
may be of far more importance than any of the tests which we know 
of at the present time, so that if we should find next year, or five 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 



89 



years from now, that a certain other test is of far more importance 
than any that we know of at present, my authority that was obligated 
to enforce any such law would incorporate that test as part ol the 
specification. That could be done under the scientific evidence ot 
the accuracy of the test without appealing to Congress; otherwise we 
might be working for years under an obsolete specification. 

That is to my mind the only argument for not putting directly in 
the bill the specification respecting oil. It is simply that we have 
not said the last word about it as yet. 

The Chairman. I thoroughly appreciate your statement, 1 know 
that there are certain tests . . 

Mr. Walker. If you will pardon me— to illustrate it m a somewhat 
different way, had such legislation been proposed 20 years ago the 
iodine number would not have been put in; they did not know it. 

The Chairman. There are certain tests which I know of, for instance, 
strychnine. There are tests that tell you that an article may have 
strychnine in it, because strychnine invariably gives that test, but 
there are manv other articles that give the same test. But it you 
get a negation in a test you know there is no strychnine. .It is an 
eliminative process. Then there are tests that only a very iew arti- 
cles will give, and then there are tests that every one of these other 
articles, or chemical products, will respond to, and strychnine will 
not Then there is one that strychnine will respond to, and nothing 
else. So I take it, applying what I have said as being what you mean, 
that you may find something hereafter that will be an absolute test, 
or a greatly improved test ? 

Mr. Walker. Yes, sir. 

Mr. Dewar. I would like to ask a few questions. 

The Chairman. You may ask questions but do not make a speech. 

Mr. Dewar. The passage of this oil bill will eliminate the manu- 
facturer who to-day sells petroleum in lieu of linseed oil value, will 
it not « 

Mr. Walker. Yes, sir. 

Mr. Dewar. If a formula label law was enforced when you made 
the purchase in Washington and Baltimore of leads, and found the 
package marked " white lead" containing but 2 per cent and white 
lead ground in pure linseed oil that contained 1 per cent, and another 
package no white lead ground in pure linseed oil that contained 9 
per cent, and white lead ground in pure linseed oil with no lead, 
and pure white lead warranted superior to any on the market, made 
of the best possible material and containing no lead, etc., down the 

The Chairman. You mean to say would it have been possible for 
this paint to have been put on the market without violating the law? 

Mr. Dew^ar. Yes, sir. 

The Chairman. Manifestly that does not need an answer. Mani- 
festly if the label had been put on showing pure lead there would 
have been a violation of law. But now let me ask you this question: 
If you had a law simply saying that whenever there is a brand it 
should be a true brand, these men could have been convicted under 
that law, could they not, because they had misbranded; they had 
told a positive falsehood. . 

Mr. Dewar. Yes, that is true, but when that law you speak ol is 
applied to pure paint or to mixed paint it has no application what- 
ever. 



90 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

The Chairman. Certainly not, because then you buy an unknown 
quality — a pig of uncertain pedigree in a poke. 

Mr. Dewar. Swapping jackknives sight unseen. 

The Chairman. If that is all that you gentlemen care to say the 
committee will now adjourn. We will take the bill under considera- 
tion. 

I d n sire to place in the record a few communications bearing upon 
the subject under discussion. 

(The communications referred to are here printed, as follows:) 

Washington, D. C, April 12, 1916. 
Hon. Senator Reed of Missouri: 

The report of Mr. G. B. Heckel, of Philadelphia, representing the Manufacturers' 
Association opposition to the Kenyon bill, to comp3l the manufacturers to change all 
the labels on their paint and state in their labels the ingredients contained. This law 
is certainly needed. This so-called association, I think, is a trust that op 3rat.es 
very similar to the Standard Oil Co. in controlling the market and setting the prices, 
etc. They are worse, in that they impose on the public inferior goods, adulterations, 
and substitutes, etc. The market is flooded with this kind of stuff. It is very diffi- 
cult to get any piint or colors that is not doped or that will stand unfaded any length of 
time. I don't think there is one paint dealer in Washington who has a pound of real 
chrome green on hand — that is, chromated lead — nor can I find any real rose pink 
made of alizarin. The yellows are also the worst that can safely be put up. The 
many kinds of coal-tar products are very unstable, being used as a dye to color cheaply 
thousands of tons of clay and barites; also whiting and gypsum or plaster of Paris, etc. 

These materials are very cheap and a few cents worth of dye colors a ton of it. The 
color dye is not chemically combined with this material, sometimes only very loosely 
fixed so that a little sunshine on it will quickly fade it out and the rain will wash it out. 
This kind of stuff is imposed on the public and the majority of the so-called painters. 

These manufacturers are robbing the people and taking advantage of using technical 
names that they know paople generally are not familiar with. In filling a paint can 
with a lump of clay, their chemist has marked it oxide of alumina, say 30 par cent 
silicate, 10 par cent magnesium, and some other things that happ?n to be in the clay, 
as dirt, etc. This sounds quite good to the ignorant. Like patent-medicine quack, it 
goes. I think this manufacturers' business in this fair country is scandalous, and 
certainly needs laws to stop it. There is no covering qualities of any clay or barites, 
silicate, or the calcium carbonate nor sulphate of calcium. This stuff is used in making 
fake goods, with a low per cent of white lead and zinc. It is given fancy names, 
like Master Painters' Stock White, R. R. White, U. S. N. Dock Paint, etc. * Hoping 
this bill (the Kenyon bill) will become law and stop this nefarious business, 
I am, yours, most respectfully, 

0. Olson. 

Paint Manufacturers' Association of the United States, 

Philadelphia, April 1:2, 1916. 
lion. James A. Reed, 

Committee on Manufacture*, United States Senate, Washington, D. C. 

Dear Sir: In accordance with my promise at the hearing yesterday, 1 take pleas- 
ure in sending you herewith copy of the last annual report of committee D-l, Ameri- 
can Society for Testing Materials. On pages 57-59, inclusive, thereof you will find 
the specifications for raw linseed oil from North American seed; on pages 60-62, 
inclusive, the specifications for boiled linseed; and on pages 112-114, inclusive, the 
ape ifications for turpentine, of which I handed ar typewritten copy to the reporter 
at the hearing. 

I also inclose lists of the membership of the Paint Manufacturers' Association of 
the United States and of the National Varnish Manufacturers' Association. These 
lists arc include I in booklets containing also the by-laws and other information regard- 
ing the associal ions. 

Mv speaking took so much longer than I expected that I overlooked two or three 
minor points In the bill under consideration i S. L289), to which 1 had intended to call 
attention. I therefore beg to supplement my statemenl as follows: 

Page 3, lines L7 20, inclusive, the paragraph beginning, " Provided that no linseed 
oil," etc., should be b1 ricken ou1 ; thai the formula-label provision in section 10, page 
8, is stricken out, as requested by me. Page 8, the last sentence of section 9 appears 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 91 

to me somewhat ambiguous. In lines 11-12, where the words "such terms shall be 
used as the case may be" apparently refer to the terms "basic carbonate" and "basic 
sulphate." I think you will agree with me that this provision is retained. The lan- 
guage should be made a little clearer, though it is my belief that the language of the 
Pennsylvania law covering these items will probably be more acceptable and satis- 
factory to the industries concerned. I quote the wording of that bill as follows: 

"The term paint, * * * white lead (basic carbonate or basic sulphate), dry 
or in any kind of oil," etc. The contention of the manufacturers of the basic carbon- 
ate is that their product has been known for centuries simply as white lead, and that 
it is not just to require them to change all their brands by the addition of a limiting 
description, and thus raise a doubt in the minds of consumers as to the identity of 
the product. 

Page 9, section 12: If the formula requirement is stricken out, then the concluding 
words (lines 12, 13, 14) beginning "or if the package fails to bear statement," should 
also be stricken out. 

I am strongly of the opinion that the standard specifications of the American 
Society for Testing Materials, which have already been accepted in certain State 
laws, might with perfect propriety be recognized in the Federal law, being prescribed 
therein, perhaps, as an alternative to such specifications as might be issued by the 
Bureau of Standards. 

As a matter of fact, the technologists of the Bureau of Standards are working con- 
stantly with the several technical committees of the American Society for Testing 
Materials in the formulation and revision of these standard specifications. 
Very respectfully, yours, 

G. B. Heckel, Secretary. 



No. 297. . 

(Pennsylvania act.) 

AN ACT To prevent deception in the sale of paint, putty, turpentine, or any substitutes therefor, and 

providing penalties for the violation thereof. 

Section 1. Be it enacted, &c, That no person, firm, or corporation shall knowingly 
sell or expose for sale within this Commonwealth any paint, putty, turpentine, or 
any substitute therefor marked in any manner so as to tend to deceive the purchaser 
as to its nature or composition, or which is not labeled as hereinafter provided. 

Sec 2. The term "paint" as used in this act shall include oxide of zinc, red lead 
and white lead (basic carbonate or basic sulphate), dry or in any kind of oil, or any 
compound intended for the same use, colors ground in oil, paste, or semipaste paint, 
and liquid or mixed paint ready for use. 

Sec. 3. The label required by this act shall clearly and distinctly state the name 
and residence of manufacturer of the paint or of the distributor thereof or of the 
party for whom the same is manufactured. Such label shall be printed in plain 
legible type, and, so far as possible, common English words shall be used instead of 
technical terms. 

Sec 4. The label on all liquid or mixed paint shall show the net measure of the 
contents of the container, and on all paste and semipaste paint sold by weight the 
net weight of the contents of the package, or, if sold by measure, the net measure of 
such contents. 

Sec 5. The provisions of this act shall not apply to any articles hereinbefore de- 
scribed which are in this State in the hands of the jobbers and dealers at the time 
this act takes effect. 

Sec 6. The having in possession by any person, firm, or corporation dealing therein 
of any of the articles hereinbefore described and improperly marked or not corrctly 
labeled as provided in this act, shall be considered prima facie evidence that the 
same are kept by such person, firm, or corporation in violation of the provisions of this 
act. 

Sec 7. For the purposes of this act an article shall be deemed to be improperly 
labeled or misbranded: (1) If it be an imitation of or offered for sale under the 
name of another article. (2) If the contents of the package as originally put up shall 
have been removed in whole or in part and other contents shall have been placed 
in such package. (3) If the package containing it or its label shall bear any state- 
ment, design, or device regarding the ingredients or the substances contained therein 
which statement, design, or device shall be false or misleading in any particular. 

Sec 8. The secretary of agriculture of the Commonwealth is hereby charged with 
the enforcement of the provisions of this act. 



92 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Sec. 9. The secretary of agriculture and his assistants, experts, chemists, and 
agents shall have access to all places of business, stores, and buildings used for the 
sale of paint, putty, turpentine, or any substitute therefor, and shall have power and 
authority to open any package, can, jar, tub, or other receptacle containing articles 
subject to the provisions of this act which may there be sold or kept for sale. 

Sec. 10. Any violator of any of the provisions of this act or any person knowingly 
assisting or taking part in. the violation of any of said provisions shall be guilty of a 
misdemeanor, and upon conviction thereof shall be punished for each offense by a 
fine of not less than twenty-five dollars nor more than one hundred dollars. 

Sec. 11. This act shall take effect and be in force from and after the first clay of 
December, anno Domini one thousand nine hundred and fifteen. 

Approved, the 1st day of June, A. D. 1915. 

Martin G. Brumbaugh. 

The foregoing is a true and correct copy oT the act of the General Assembly No. 297. 

Cyrus E. Woods, 
Secretary of the Commonwealth. 



Washington, D. C, April 12, 1916. 
Hon. James A. Reed, 

Chairman Senate Committee on Manufactures. 

Honorable Sir: At the hearing before the Senate Subcommittee on Manufactures 
on Senate bill 1289, Kenyon paint bill, held on Tuesday, April 11, the undersigned 
was very anxious to make the inclosed statement, but as the chairman had been so 
generous in time to both sides the undersigned did not desire to prolong the hearing, 
so kept quiet. 

Senator Broussard seemed much impressed with Mr. Heekel's two cans of paint, 
one good and the other bad, that I earnestly request that the inclosed statement be 
made part of the hearing. 

Expressing my sincere thanks for your very courteous consideration, I beg to remain, 
Very respectfully, 

Chas. Macnichol. 

hearing on the kenyon bill, senate bill no. 1289. 

It is not commercially possible to put on the market two cans of paint of the same 
composition that will analyze the same and one be a poor paint and the other a good 
paint. It is impossible for a manufacturer to make and market such a paint. 

The labeling clause in this bill is intended to protect the buyers of paint and to 
give the buyer some information as to the contents of the container when purchasing 
paint in the open market. 

The labeling clause was not intended to exploit the freak manipulations of the 
paint chemist, but to protect the paint consumer from fraud in buying commercial 
paint in the open market. 



Very respectfully, 



Chas. Macnichol. 



Master Painters' and Decorators' 

Association of Kansas City, 
Kansas City, Mo., March 15, 1916. 
Hon. James A. Reed, 

United States Senator, Senate Office Building, 

Washington, D. C. 
Dear Sir: All of the members of this association are very much interested in what is 
known as the Kenyon paint, oil, and turpentine bill, also known as Senate bill No. 
1289. 

This bill requires the formula label on all white lead, paints, and colors. It also 
rr<"ii<\s a sin idanl for raw linseed oil, boiled linseed oil, and turpentine, with full 
wcighi and incisure. This law will Insure a true knowledge ofwhal you arc purchas- 
ing. Ii will eliminate the sale of barytes, etc., labeled as "while lead" and very 
frequently "pure white lead," also marble dust, etc., colored with aniline dye and 
labeled "pure Italian sienna," also yellow clay from being labeled "pure French 
dehor, " and all sold at the pure-article prices. Ii will eliminate the 10 to 30 per cent 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 93 

water found in paints, also the 10 to 40 per cent of mineral oil, etc., found in the barrel 
labeled "pure turpentine." 

We are of the opinion that the people of this country, as well as those actively en- 
gaged in the painting industry, are entitled to the same protection as is now being 
given the public in connection with food products, tobacco, etc., which enter into 
interstate commerce. 

The frauds which have been perpetrated on the public because of fraudulently 
labeled products which are used in the paint industry have been numerous, and we 
know that much good will be accomplished by the enactment of the Kenyon bill. 

As constituents of your State, we respectfully request your interest and effort in the 
passage of this proposed law. 
Respectfully, 

V. A. Downing, Secretary. 

• 
Detroit, Mich., March 13, 1916. 
Hon. W. S. Kenyon, 

Senate Office Building, Washington, D. C. 

Honorable Sir: Before the present National Congress we have what is known as the 
Kenyon paint, oil, and turpentine bill, also known as Senate bill No. 12S9, introduced 
in the Senate by Senator W. S. Kenyon, of Iowa, and has been referred to the Com- 
mittee on Interstate Commerce. 

This bill requires the formula label on all white lead, paints, and colors; it also 
creates a standard for raw linseed oil, boiled linseed oil, turpentine, and all other paint 
materials with full weight and measure. This law will insure you a true knowledge 
of what you are purchasing. 

If a package is not properly labe^d with a formula you may purchase 100-pound 
package of what is labeled pure white lead, and you can not determine what the 
ingredients are without analysis. I will give you one example. 

A package of what was supposed to be pure white lead was shipped to the North 
Dakota Agricultural College, Governmental Experiment Station, care of Prof. E. F. 
Ladd, for analysis; the label on the package was " Anti Trust Pure White Lead " and 
linseed oil. 

Analysis of pigment in package. Per cent 

White lead 13.08 

Lead sulfate 30 

Zinc oxide 35. 62 

Zinc sulfide 1.10 

Barium sulfate 40. 96 

Silica and silicates 7. 72 

Undetermined matter 1. 14 



100. 00 



What one would infer when he reads the term "pure white lead " — would he expect 
to purchase barytes, silica, and other ingredients as part of the pure white lead, and 
when, as a part of the name, they use the term "antitrust," one would infer that is a 
combination producing a pure lead in opposition to some lead trust. Unforturately 
the analysis does not bear out this conclusion, but shows the kind of deception that is 
being practiced in labeling and selling of this product. 

I have been in the painting and decorating business for over 50 years, and have seen 
hundreds of fine dwellings ruined by the use of worthless paint materials. We have 
in many States a pure food law, and also, I am informed, a Federal pure food law, 
passed by Congress. Why can we net have a pure paint law? 

Our legislative committee appointed some nine years ago. to formulate a paint bill 
and have it enacted into Federal law, are composed of five of the leading painters and 
decorators in the country, and they have given much of their time to this work without 
compensation, therefore I respectfully request that you assist our committee in the 
early passage of this bill. 
Yours, sincerely, 

James Roach, Sr., 
President the James Roach Co. 



94 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

[An editorial in American Paint and Oil Dealer, St. Louis, February, 191?.] 

Pome Reasons Against Paint Formula Laws — Absurd to Require Formula 

on Paint Cans and Not on Foods, Drugs, Soaps,, and All Proprietaries and 

Compounds — Why the Lawmakers, the Public, the Press, the Paint Trade, 

and Every Business Man Should Oppose Such Laws, While Urging Strict 

- Laws Against False Labels, Weights, and Measures. 

Bills to regulate the sale of paint, in various ways, have been introduced in the 
States of Maine, Texas, and Washington, and with 42 legislatures meeting this year 
such bills may be exprct°d in other States, and perhaps in the National Congress. 

Some of our readers in these three States and in some others where there are rumors 
of such legislation have written us on this subject. Some simply request information 
and suggestions, some are opposed to any special paint laws, some favor laws against 
misbranding or, misrepresentation of any sort, and others want the complete formula 
on the package — most of these referring to the national food and drugs law and de- 
manding "similar laws on paint," though the food and drug law does not require the 
formula on anything, a fact that apparently the public and many editors and legis- 
lators will never learn. 

We can see no special need for any_ paint legislation to-day (though we can see no 
special objection to a law against mislabeling), but before the campaign begun by 
the trade itself some years ago to reform trade customs as to grading and branding and 
gross weights, etc., there was a real basis for some demand for legislation, and it fairly 
may be said that the drastic formula laws now existing in several States (all hastily 
enacted, without any committee hearing in which the opponents of such laws were 
heard) and the fear that such unjust laws might be enacted throughout all the States, 
gave impetus to the house cleaning that the trade has conducted so vigorously and 
thoroughly. This " clean-up" movement did not stop the attempts to secure formula . 
laws, however, for about 60 such bills have been introduced in various States in 
recent years; but the paint trade, with clean skirts and clear conscience after its 
achievement in good housekeeping, has insisted upon public committee hearings on 
these bills, in which the reasons against formula legislation could be presented and 
discussed, and no such bill has become a law after such hearing, which speaks well 
for the fair-minded judgment of informed legislators and for the soundness of the 
objections to such laws. 

In the belief that formula legislation should be opposed by the public, the press and 
the whole business community as it is by the paint trade, and all the drug and other 
proprietary manufacturing and selling interests, and that it would be opposed by 
all if its sources and effects were understood, we present some of these reasons in the 
hope that they will be considered carefully by all our readers, and that these reasons 
may prompt the earnest and intelligent protests of our readers, through their local 
editors and especially their representatives in the legislatures, wherever these formula 
bills may be introduced, though we also urge the advocacy and the enactment of 
strict laws against false labels, weights, and measures — not because of any crying 
need for them in the paint trade to-day, but as evidence of the trade's good faith 
and its willingness to accept even the most rigid regulation to which the food and 
drug trades have been subjected under the police powers to protect health and life. 

The whole American paint trade, by the repeated formal resolutions of all its various 
organizations of manufacturers and robbers and dealers, is opposed to legislation 
that requires the formula on the package, and chiefly for these reasons: 

1. FORMULA LAWS ARE WRONG IN PRINC1PLF. 

Laws that confiscate private property by requiring the complete formula on the 
package are wrong in principle and establish a precedent that is already being utilized 
to urge the enactment of similar laws against all proprietary articles, though this has 
never yet been done, even under the national food and drugs act. 

2. FORMULA LAWS WRONG THE PEOPLE. 

Such laws wrong the public by magnifying into fictitious importance the mere 
quantitative formula and by minimizing and discounting the real importance and 
the personal responsibility of the local dealer, the salesman, and the manufacturer, 
who, indeed, under such a law need only "sell by the formula." A food commis- 
sioner in one of the half dozen paint-formula law States reports a paint composed 
entirely of two materials utterly unknown in the reputable paint trade, which was 
thus "bought on the formula" on the package. Its purchaser (a dealer) said the 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 95 

paint was worthless, but he and his customers had no legal recourse, as they would 
have had if they had bought on reputation or trade-mark and without the formula, 
as they buy Ivory soap or Worcester sauce or Cascarets, for if their judgment of such 
reputation proved at fault and the goods worthless or, in the common-law phrase, 
" unmerchantable," they would have ample legal remedy. 

3. FORMULA LAWS PREVENT PROGRESS. 

Such laws are unscientific, unprogressive, and un-American. They retard progress 
in the science of paint making, discouraging the improvement and development of 
formulas by reputable manufacturers while encouraging the law-evading schemes of 
obscure and irresponsible dopesters. Few paint formulas of the reputable paint man- 
ufacturers are the same as 20 years ago, or 10 years ago, or 5 years ago. No other 
industry has devoted such talent and means and effort to scientific research and 
development as has the paint trade in recent years through its scientific bureau, with 
its splendid laboratory facilities, its corps of disinterested technologists, and the eager, 
unselfish, and intelligent cooperation of the several hundred manufacturers who con- 
tribute the support for its work, the results of which work, at general variance with 
the ignorant and impossible standard prescribed by the original, the North Dakota, 
paint formula law, are welcomed and recognized and utilized throughout scientific 
and technical and practical circles. To establish a trade "on formula" instead of 
reputation, and its guaranty of satisfactory service, and later to change that formula 
is a serious thing. To change the labels and all the printed matter, with every im- 
provement, is an expensive matter to a concern making several thousand products 
in the various lines and colors, as do most general paint makers. 

4. FORMULA LAWS HURT SMALL MANUFACTURERS WORST. 

Such laws especially injure the small manufacturer who is too good a citizen to 
evade or dally with the law or to compound with its indifferent or irregular enforce- 
ment, and whose trade in States requiring the formula label may be too small 
to justify the increased expense incident to the rigid chemical inspection of raw 
materials, and of labeling and shipping. A chemists' staff costing $10,000 a year, 
besides the initial outlay for laboratory, means a much smaller additional cost per 
gallon on a half -million gallons than on 50,000 gallons — and that principle applies 
to much other "overhead" expense incident to accurate and complete formula 
labeling. Thus the effect of such laws, though felt by the largest manufacturers 
is to place an especially heavy burden upon the smaller ones, and hascaused many 
of the oldest and most reputable concerns to withdraw from and lose their trade in 
such States, besides placing a special ban upon the establishment or development 
of home manufacturers in such States. 

5. THEY LIMIT COMPETITION AND INCREASE COST AND PRICE. 

Such laws limit honest competition by narrowing the dealer's, the painter's, and 
the public's buying market, and they add to the cost and the price of the goods. 
Reputable manufacturers are on record with statements that the mere formula labeling 
actually adds from 3 to 12 per cent to the cost per gallon. This cost may be quite 
small to some manufacturers, but that such necessary rigid technical inspection 
of incoming materials and the finished product, and supervision of clerical and ship- 
ping labor, reduced to money terms, costs something can not be doubted by any 
merchant who will contemplate the adoption of formula labeling throughout his' 
own business, and especially if he is a druggist, upon every prescription or every 
medicinal or toilet article that be compounds himself. 

6. FORMULA LAWS INJURE HONEST PUBLISHERS AND ADVERTISERS. 

Such laws are a grievous injustice to the publishing and advertising interests and 
have been generally condemned by the press, and in specific resolutions by the 
Associated Advertising Clubs of America. Their effect is to confiscate all that honest, 
intelligent advertising creates, viz, reputation, good will, and demand. Compared 
to this the confiscation of the formula (which itself is property with as much legal 
standing as a cow or a town lot) is a mere incident. Of his best formula the paint 
manufacturer might truly paraphrase, "Who steals my formula steals trash compared 
to the value of my good will and trade-mark." And when the State lends its prestige 
and fiat to the apparently plausible fallacy that the formula is the standard of quality 
and it discloses formulas by legislative enactment, then the honest, enterprising, 



96 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

advertising manufacturer lias to face the fact that the results, the profits of his con- 
tinued efforts to increase demand and reputation, must be divided among the brood 
of formula pirates already abroad, who have only to invoke the majesty of the State's 
fiat to convince the average consumer that the pirate product is not merely "just as 
good" but "just the same; see the formula on both cans; guaranteed by the State." 
The fallacy would be obvious if the formula were required on a loa.f of bread — -every- 
body eats bread every day. But the route is longer on paint, and many circumstances 
may intervene to prevent the consumer from concluding that his "same thing'' 
paint turned out disastrously in a year or two because some things besides a set of 
measures and scales, some crude raw materials, and the formula on the reputable 
maker's paint can are essential in the makiag of good paint. 

7. FORMULA LAWS ARE PROVEN FAILURES. 

These laws are now demonstrated and costly farces, grinning upon the fair-minded 
and intelligent people of these States, and worse, for these laws are now demonstrated 
wrongs upon several thousand law-abiding local dealers, who have been subjected to 
4he practical confiscation of hundreds of thousands of dollars' worth of actual values 
in local agencies of long standing (on brands now withdrawn from such States) and in 
stocks on hand upon which the ban of "back number' ' and of illegality was placed by 
these laws. Hundreds — yes, more than a thousand — of these dealers have written 
this journal in response to our inquiries. They report sacrifices of thousands of dollars 
in closing out reputable brands of now illegal or "back number" paint, and they 
reported approximately $100,000 worth (a modest estimate, from the reports in hand x ) 
of such paint yet in stock, from two to four years after the laws went "into force. " In 
most of these States the legal time limit for the disposal of all such paint not bearing 
this complete formula label has been extended several times, but to-day not a gallon 
can be sold legally or be exposed for sale or held in the possession of a dealer, even if 
"dumped together and sold for barn paint, " which many dealers mistakenly suggest 
as the best method to realize on these goods. If these laws had been enforced from 
the first, doubtless they would have been declared unconstitutional ere now, though 
efforts made in good faith and by agreement to test the law have been quashed by the 
prosecution's dismissal of suits brought against those who openly violated the law in 
order to make such a test. In this connection it should be stated that in the result of 
the effort to test the constitutionality of the North Dakota law, it was not the law but 
the legislature that was "vindicated" in its right to enact any police legislation, "how- 
ever unwise" or, inferentially, however unconstitutional. Inevitably if these laws 
should be actively enforced their constitutionally would be tested upon the actual 
merits of the questions involved, though it would be unfortunate for the property 
owners and the dealers in these States and for the whole paint trade to be subjected to 
further loss and trade demoralization while awaiting the outcome of the tedious 
processes of the courts. They should be repealed or the formula requirement should 
be eliminated now. 

These are some of the reasons for opposing paint-formula laws, though the alert 
reader doubtless ere now has developed in his mind additional reasons, as moving and 
as moral as these, for of the frankest and most straightforward editorial pages it may 
of times be said "yet the deepest truths are best read between the lines, and, for the 
most part refuse to be written." 

The solution of the situation seems obvious, though it will require perhaps more 
active personal interest and effort among the dealers and all other branches of the 
trade than may be extended in every State where such laws are threatened, or where 
they may exist already. For though in Ohio the paint formula law was promptly 
repealed— or modified into the present strong law that effectively prohibits mislabel- 
ing — the general trade effort to correct such formula laws elsewhere was frustrated 
two years ago by local political exigencies, and that desire has suffered further dis- 
couragement in the fact that most dealers have "swallowed their losses, dumped their 
dead horses, and are trying to forget their paint troubles," as one writes. Hundreds 
of them "don't sell paint now." 

But the formula bills recently introduced, or threatened— and we earnestly believe, 
all the existing formula laws should be corrected now, hv eliminating the formula 
clauses and strengthening the proposed bills, or existing laws— so they are made 
effective in prohibiting the mislabeling of paints, oil, lead, turpentine, etc. If this 
is done, various food commissioners will waive their present request for increased 

i The original letters will be submitted to the inspection of any committee of legislators considering this 
subject upon satisfactory assurances of good faith, viz, that no prosecul i.m of these dealers shall be based 
thereon.— Editor. 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 97 

appropriations and more inspectors and analysts with which to perform their sworn 
official duty to harass a reputable industry by enforcing laws more drastic against one 
proprietary product than are the national food and drug laws that were enacted to 
protect the public health. Property of immense value (these stocks of present or 
prospective illegal paint) will enjoy their rightful standing and value; the house- 
owner can buy on reputation or formula, or both, as before-^for, like "nonsecref 
remedies, there have always been open-formula paints; the manufacturers may go for- 
ward with their work of scientific research and proper promotion, secure in the honestly 
earned returns therefrom and without being penalized for each improvement; ard the 
honest dealer may accept, and by reputable goods and enterprising methods may 
build up a profitable local agency without fear of formula pirates across the street or 
the abandonment of the field by the manufacturer. 

That but few of the dealers and manufacturers still selling paints in these formula- 
law States are tempted to condone such laws (which the short-sighted might consider 
advantageous to them in reducing reputable competition) is creditable not merely 
to that esprit de corps which has become general among business men of every class — • 
with the creed, "All for one and one for all." 

This practical unanimity is evidence that the business community, with the general 
public, is getting back to principles. And when a man does that, a man who is honest 
with himself and his mental processes, then comes the realization that no lasting 
good can result from any action, movement, law or policy that is based upon a wrong- 
principle, however correct the motive; and that to compound with a wrong principle 
is to encourage error and precedent which, as inevitably as the law of compensation, 
must eventually involve and confuse its authors and sponsors and would-be bene- 
ficiaries. 

"A wise man," said Emerson, "will extend this lesson to all parts of life," for, the 
sage continues: 

"All things are moral. That soul which within us is a sentiment, outside of us is a 
law. All nature feels its fatal grasp. Cause and effect, seed and fruit, can not be 
severed, yet while thus the world will be whole, we seek to act partially, to sunder, 
to appropriate. But do thou leave as unlawful these winnings and deal with cause 
and effect. You think good days are preparing for you? Do not believe it. Nothing- 
can bring you peace but the triumph of principles." 



Richmond, Va., March 22, 1916. 
Hon. Francis G. Newlands, 

Senate Office Building, Washington, D. C. 

My Dear Sir: There is a bill now before the Committee on Interstate Commerce 
known as "Kenyon paint, oil, and turpentine bill," and also known as Senate bill 
No. 1289. This bill requires the formula label on all white lead, paints, and colors. 
It also creates a standard for raw linseed oil, boiled oil, and turpentine, with full 
weight and measure. This law will insure a true knowledge of what one may be 
purchasing, in eliminating the sale of pyrites, etc., labeled as "white lead," and very 
frequently "pure white lead," also marble dust, etc., colored with analine dye and 
labeled "pure Italian sienna," also yellow clay from being labeled "pure French 
ocher, ' ' and all sold at the pure-article rate of prices. It will eliminate the 10 to 30 per 
cent water found in paints, also the 10 to 40 per cent of mineral oil, etc., found in 
the barrel labeled "pure linseed oil," and also the 20 to 62 per cent mineral spirits 
(benzine) found in our "pure turpentine." The above statements have been cor- 
roborated by a committee of investigation. 

I respectfully request that you will give this bill your earnest support and influence, 
as its passage means the correction of much imposition upon the public and fulfills 
a long-needed public necessity. 

Thanking you in advance for any courtesies shown this matter, I am, with great 
respect, 

Very truly, yours, 

A. D. Wharton. 

37818—16 7 



98 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

Association of Master Painters and Decorators, 

Boston, Mass., March 17, 1916. 
Hon. Francis G. Newlands, 

Senate Office Building,, 

Washington, D. C. 

My Dear Sir: There is before the Committee on Interstate Commerce a bill, 
Senate No. 1289, known as the "Kenyon paint, oil, and turpentine bill." 

This bill in our belief is one of the most important that has been drawn to our atten- 
tion, in so far as it directly affects you as a property owner and we as master painters. 

Under existing conditions you order your painter to paint your house, you and he 
both supposing the material used is absolutely pure and of the highest grade. Now, 
supposing after a year or two the paint shows signs of disintegration, peeling, crack- 
ing, your first thought is of the poor work the painter performed and invariably you 
would call upon him to make things right at his expense, while the whole blame 
should be placed upon the manufacturer who sold the paint as absolutely pure, know- 
ing all the time that it contained a large percentage of adulterate. 

The passage of the bill would eliminate the sale of pyrites, etc., labeled as "White 
lead," and very frequently "Pure white lead," also marble dust, etc., colored with 
analine dye and labeled "Pure Italian sienna," also yellow clay from being labeled 
"Pure French ocher," and all sold at the pure article prices. It will eliminate the 10 
to 30 per cent water found in paints, also the 10 to 40 percent mineral oil, etc., found in 
the barrels labeled "Pure linseed oil," also the 20 to 62 per cent mineral spirits 
(benzine) found in our "Pure turpentine." 

You can see without taking any more of your time, that the passage of this bill is 
of vital importance to everyone, and we, therefore, would ask that you give it your 
most able support. 

Yours, very truly, 

Chester F. Robart, 
Chairman Legislative Committee. 



New Haven, Conn., March 13, 1916. 
Hon. Francis G. Newlands, 

Senate Office Building, Washington, D. C. 

My Dear Senator: I write you in the interest of an early action and passage of 
the Kenyon bill now before your honorable committee. This bill if enacted into law 
will stop the deception now being imposed upon, not alone the merchants, master 
mechanics, and manufacturers, but the humble owner of his little home who paints 
it or has it painted to insure it against decay and who comprises the great majority 
of our American citizens. To think of it, in this enlightened age, that we are pur- 
chasing ground rock labeled "Pure lead," and marble dust colored with analine dye 
labeled "Pure Italian sienna," mineral oil labeled "Pure linseed oil," kerosene oil 
and benzine for pure turpentine. 

These are only a few enumerations for the purpose of expression and brevity. I 
could name you many others. No greater deception was ever perpetrated in the 
American Republic, even in its most primitive stage, than that now being practiced 
in so-called paint and oils at the present time. 

This bill if enacted into law will stop this deception and fraud now being imposed 
upon your constituents and the whole American Republic. 

It is my sincere hope that it will receive your most earnest effort in giving it early 
action and support. 

Sincerely, yours, 

E. M. Walsh. 



Waterloo, Iowa, Aprils, 1916. 
Senator J. A. Reed, 

Care of Senate, Washington, D. C. 

Dear Sir: We understand that the Kenyon paint bill as revised comes before the 
Committee on Manufactures for hearing Tuesday, April 4. We trust that this letter 
will reach you before action has been taken in this matter. 

We are very much interested and believe if you were placed in our position you 
would realize the importance of Federal legislation along these lines. We wish to 
briefly outline a transaction that occurred in connection with our company a few 
months ago, which bears on this subject. 



PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 99 

We purchased a considerable quantity of linseed oil from a Chicago firm during the 
summer of 1915. Our orders called for pure linseed oil and we supposed that this was 
what we were getting. After the oil was received we found we had more on hand 
than we desired to carry, and therefore disposed of a quantity of the material to a local 
oil company of this city. This company disposed of the oil to their customers and 
later on action was brought against them for selling adulterated oil under the pure-food 
laws of this State. 

They, in order to protect themselves, gave the Iowa pure-food commissioner in- 
formation as to where they procured the oil and an action was then brought against 
our company for violating the Iowa State law. We. of course, had to plead guilty 
and were assessed a fine. 

We then attempted to bring action against the parties who were really guilty of the 
offense and found there was no Federal law under which we could have the guilty 
parties prosecuted. 

We believe that the above is a good illustration of the necessity of a law of this 
description and trust that the committee can see their way clear to report favorably 
on the bill. 

Thanking you in advance for any assistance you render in helping the Kenyon bill 
along, we remain, 
Yours, truly, 

The Litchfield Manufacturing Co., 
E. C. Litchfield, 

Vice President and Treasurer. 



Oxford Junction, Iowa, March 31, 1916. 
J. A. Reed, 

Chairman Committee on Manufactures, Washington, D. C. 

Hon. Mr. Reed: We wish to urge upon your honorable body the passage of the 
Kenyon paint bill, up for consideration soon. We believe the passage of such a bill 
would be of great benefit to all paint-material users. 

The following will illustrate how we were deceived: In December of last year we 
purchased from out of the State some linseed oil, boiled, March 1, 1916, delivery, 
at a figure that was then about 12 or 15 cents below the then quoted pure-oil prices. 
Well, when the oil arrived, it did not look right to us, and we sent a sample to our 
dairy and food commissioner, Mr. W. B. Barney, for analysis, to which he informs 
us immediately that he finds that the sample contains petroleum oil in considerable 
quantity, and we believe as the law now stands we have no comeback; and he also 
informs us that he can do nothing, and he also tells us that he knows of no Federal 
law that protects us. 

W T e can and will, if you so desire, give you full particulars; names of parties, etc., 
if you wish. 

Trusting the above will be of benefit to your honorable body — and we would ask 
that you keep us posted on what is done — we wish to be, 
Very respectfully, 

La sack Bros. & Company. 
By Chas. H. Hall, 

Cleveland, Ohio, April 7, 1916. 
Senator Reed, Washington, D. C. 

Dear Sir: As we find it impossible to attend the special hearing given in the com- 
mittee room in reference to the Kenyon bill, April 11, we take this means of expressing 
our views of this bill. 

We feel that if section No. 10, requiring the formula on the label, were stricken out 
it would be just to all, as it would then make this bill a law against misbranding, mis- 
labeling, and misrepresentation, which we think is sufficient in every degree, while 
the other would be entirely unfair to the manufacturer and the general public would 
gain nothing thereby. 

Trusting this meets with your view, we are, 
Yours, truly, 

The Arco Company, 
S. D. White, Treasurer. 



100 PREVENTING THE MANUFACTURE OF ADULTERATED OIL, ETC. 

At a meeting of the Master Painters Association of New Orleans held March 28, 
1916, the following resolution was unanimously adopted: 

Whereas it has come to knowledge that there is before the United States Senate now 
in session a bill known as the Kenyon paint, oil, and turpentine bill, which bill 
requires the formula labeling of white lead, paints, and colors; also creates a 
standard for linseed oil and turpentine, which will be of great benefit to buyers 
and users of paints: Therefore, be it 

Resolved, That this association go on record as favoring and indorsing the Kenyon 
paint, oil, and turpentine bill, and that a copy of this resolution be sent to Senator 
W. S. Kenyon and Senator James A. Reed, also to Senators Joseph E. Ransdell and 
Robert Broussard, and that they be asked to support and urge early action on this bill. 

J. C. Maurer, 

President. 

Geo. E. Egdorp, 

Secretary. 

G. Peterson. 

C. P. Eilerson. 

W. H. Breen. 

W. H. Brown. 

The Chairman. If no one else desires to be heard the committee 
will stand adjourned. 

(Thereupon, at 12 o'clock m., the committee adjourned, to meet at 
the call of the chairman.) 



INDEX. 



Page. 

Agricultural Department, analysis 17 

Andrews, W. F. , statement of 31 

American Paint and Oil Dealer, editbrial 94 

Arco Co. , letter of 99 

American Society for Testing Materials, standard specifications 52 

Bridgeport standard white lead, analysis 10 

Butler, George, statement of 30 

Bill (1289) 3 

Boston prepared paint, ' 'Acme Quality " 20 

Barney, W. B., Commissioner, Iowa, letter of 8 

Boiled linseed oil, standard specifications , 46 

Companies using formula label 13 

Dewar, John J. , statement of 7, 14, 84 

Davis, Manton, telegram of 69 

Downing, V. A., letter of 92 

Formulae, raw linseed oil 45 

Felton, J. S. , statement of 81 

Fehsenfeld, L. H., statement of 87 

Gibbs, H. R. , manager < f T. H. Nevin & Co. , statement of 79 

Gregory, E. D. , statement of 82 

Heath & Milligan, colors, composition 19 

Harrison's Green Seal zinc, composition of 22 

Harrison's Town and Country paint 22-23 

Heath & Milligan Manufacturing Co 26 

Heckel, G. B.. statement of 32-35 

Heckel, G. B . , letter of 90 

Ladd, E. F. . Commissioner, North Dakota, letter of 7 

Lawrence colors, composition of 19-24, 25 

Lawrence & Co, . Radium White 24 

Litchfield Manufacturing Co., letter of 98 

Lasac Bros. & Co. , letter of 99 

Master Painters' Association, New Orleans, resolution of 100 

Macnichol, Charles, statement of 13 

Masury liquid colors 19 

Masury's colors, composition of 20 

Masury's pure colors 23-26 

Macnichol, Charles, letter of 92 

McGhan, A. H., statement of 31 

National Varnish Manufacturers' Association, membership 38 

National Varnish Manufacturers' Association, by-laws of 42 

North Dakota, analysis 7 

New Era paint, composition of, "Acme " 21 

New Jersey Zinc Co. , general paint specifications 70 

Olson, O., letter of - 90 

Paint Manufacturers' Association, United States, membership 36 

Paint Manufacturers' Association, United States, by-laws of 39 

Pennsylvania act 91 

Paint laws, States having 13 

Purcell, B . L. , Commissioner, Virginia, letter of 7 

Pigment, analysis of 9 

Patton's sunproof paint 25 

Patent can, directions for opening 23 

Ready-mixed paint, analysis of 9 

Russell, George E. , statement of 31 

Robart, Chester F. , letter of 98 

Roach, James, sr. , letter of 93 

Sherwin-Williams paint 26 

Turpentine, specifications of American Society for Testing Materials 52 

Walker, P. H. , of Bureau of Standards, statement of 81-87 

Walsh, E. M., letter of 98 

Wharton, A. D., letter of 97 

101 
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